NCJ Number
52717
Journal
South Dakota Law Review Volume: 23 Issue: 1 Dated: (WINTER 1978) Pages: 193-225
Date Published
1978
Length
33 pages
Annotation
SEVERAL STATE PROGRAMS AND PENDING FEDERAL LEGISLATION PROVIDE COMPENSATION FOR CRIME VICTIMS. THESE PROGRAMS ARE ASSESSED AND A STATUTE ON VICTIM COMPENSATION FOR SOUTH DAKOTA IS PROPOSED.
Abstract
DURING THE PERIODS OF U.S. HISTORY IN WHICH CORRECTIONAL REFORM AND REHABILITATION OF CRIMINALS WERE EMPHASIZED, THE VICTIM WAS FORGOTTEN BY THE CRIMINAL JUSTICE SYSTEM AND SOMETIMES SUFFERED SIGNIFICANT ECONOMIC LOSS AS A RESULT OF THE VICTIMIZATION. SINCE MANY PERSONS IN THE U.S. DO NOT CARRY INSURANCE ON THEMSELVES OR THEIR PROPERTY, TORT RECOVERY AND RESTITUTION PROGRAMS ARE SELDOM SUFFICIENT TO COVER THE FINANCIAL LOSS INCURRED BY VICTIMS' NEED FOR MEDICAL AND OTHER SERVICES, AND SINCE EVERY VICTIM REPRESENTS FAILURE BY THE STATE TO PROTECT THE PUBLIC, VICTIM COMPENSATION PROGRAMS SHOULD BE ESTABLISHED. PRESENTLY 24 STATES HAVE VICTIM COMPENSATION PROGRAMS, BUT MOST OF THESE PROGRAMS DO NOT INCLUDE COMPENSATION FOR PAIN AND SUFFERING, MENTAL AND NERVOUS SHOCK, AND PROPERTY LOSS. UNDER A PROPOSED SOUTH DAKOTA STATUTE, VICTIMS ARE ELIGIBLE FOR COMPENSATION IF THEY REPORT THE CRIME WITHIN 72 HOURS AND COOPERATE WITH THE CRIME INVESTIGATION AND, (IF A SUSPECT IS APPREHENDED) PROSECUTION. COMPENSATION IS PROVIDED FOR PHYSICAL INJURIES AND LOSS OF WORK TIME DUE TO VICTIMIZATION, AND PAYMENT IS MADE IN A LUMP SUM OR IN INSTALLMENTS. REFERENCES AND CITED CASE LAW ARE FOOTNOTED. (DAG)