NCJ Number
27230
Date Published
1973
Length
111 pages
Annotation
DISCUSSION OF THE FACTORS THAT SHOULD BE CONSIDERED IN PREPARING VICTIM COMPENSATION LEGISLATION FOR WEST GERMANY, WHICH HAS NO SUCH LAW, PLUS AN ESTIMATE OF THE PROBABLE COSTS INVOLVED FOR THE WEST GERMAN GOVERNMENT.
Abstract
EXISTING ENGLISH LEGISLATION IS DESCRIBED AS A MODEL, AND ENGLISH CASE HISTORIES AND STATISTICS ARE PROVIDED. A LIST IS GIVEN OF THE ELEVEN PLACES IN THE WORLD WHERE SUCH LEGISLATION NOW EXISTS. NUMEROUS WEST GERMAN CASES IN POINT ARE CITED. THE AUTHOR DISCUSSES THE NEED TO DISTINGUISH, IN PREPARING LEGISLATION, BETWEEN THREE POSSIBLE SITUATIONS. IN THE FIRST, THE OFFENDER SHOULD BE REQUIRED TO MAKE COMPENSATION. IN THE SECOND, THE STATE SHOULD COMPENSATE THE VICTIM. IN THE THIRD, NO COMPENSATION IS JUSTIFIED BECAUSE THE VICTIM'S OWN BEHAVIOR CONTRIBUTED TO OR BROUGHT ABOUT THE COMMISSION OF THE OFFENSE. CIRCUMSTANCES CAN MAKE IT HARD TO DETERMINE WHICH OF THESE CATEGORIES IS THE ONE IN WHICH A PARTICULAR CASE BELONGS. FINALLY, AN EFFORT IS MADE TO ESTIMATE THE COST TO THE WEST GERMAN GOVERNMENT OF VICTIM COMPENSATION IN THE LIGHT OF EXPERIENCE TO DATE IN ENGLAND. THIS COST IS ESTIMATED AT LESS THAN TWENTY MILLION GERMAN MARKS A YEAR. --IN GERMAN