NCJ Number
52499
Journal
American Bar Association Journal Volume: 60 Dated: (DECEMBER 1974) Pages: 1531-1535
Date Published
1974
Length
5 pages
Annotation
PROVISIONS OF THE UNIFORM CRIME VICTIMS REPARATIONS ACT, APPROVED BY THE AMERICAN BAR ASSOCIATION, THAT DEAL WITH VICTIM RESTITUTION AND SAFEGUARDS TO PREVENT ABUSE IN COMPENSATION AWARDS ARE EXAMINED.
Abstract
THE ACT ESTABLISHES A STATE-FINANCED PROGRAM OF REPARATIONS TO PERSONS WHO SUFFER PERSONAL INJURY AND TO DEPENDENTS OF PERSONS KILLED AS THE RESULT OF CERTAIN CRIMINAL CONDUCT OR ATTEMPTS TO PREVENT CRIMINAL CONDUCT AND APPREHEND PERPETRATORS. A SPECIALLY CONSTITUTED BOARD DETERMINES, INDEPENDENT OF COURT ADJUDICATION, THE EXISTENCE OF A CRIME, THE DAMAGES CAUSED, AND OTHER ELEMENTS NECESSARY FOR REPARATION. REPARATIONS COVER SUCH ECONOMIC LOSSES AS MEDICAL EXPENSES, REHABILITATIVE AND OCCUPATIONAL RETRAINING EXPENSES, LOSS OF EARNINGS, AND THE COST OF ACTUAL SUBSTITUTE SERVICES. THE ACT RECOMMENDS AGAINST ANY APPROACH THAT CONSIDERS FINANCIAL ABILITY, I.E., AGAINST A WELFARE APPROACH TO CRIMINAL INJURY COMPENSATION. FURTHERMORE, THE ACT DOES NOT COMPENSATE FOR PAIN, SUFFERING, INCONVIENCE, PHYSICAL IMPAIRMENT, AND OTHER NONPECUNIARY LOSS; EXCLUDES PROPERTY DAMAGE; EMPLOYS A FORMAL JUDICIAL MODEL IN WHICH CLAIMNANTS ARE ENTITLED TO LAWYERS, TRANSCRIPTS, DETAILED NOTICE, AND DISCOVERY; ALLOWS ONLY COLLATERAL PAYMENTS MADE TO A CLAIMANT ON ELEMENTS OF DAMAGE COVERED BY A COMPENSATION AWARD TO BE DEDUCTED OR REIMBURSED; INCLUDES A PROVISION THAT ANY CLAIM MAY BE DISALLOWED OR REDUCED ON GROUNDS OF UNJUST BENEFIT TO OFFENDERS OR THEIR ACCOMPLICES; INCLUDES AN OPTIONAL ALTERNATIVE THAT COVERS THE IMMEDIATE FAMILY OR THOSE IN THE SAME HOUSEHOLD AS OFFENDERS OR THEIR ACCOMPLICES UNLESS INTERESTS OF JUSTICE REQUIRE OTHERWISE IN A PARTICULAR CASE; AND DEALS WITH THE RESTITUTION DUTY OF OFFENDERS AND THE SPECIFICITY OF CRIMES. SOME LAW ENFORCEMENT PERSONNEL FEAR THAT CRIMINAL INJURY REPARATIONS WILL DIVERT FUNDS FROM LAW ENFORCEMENT. IT IS HOPED THAT THE ACT WILL BE VIEWED AS ADDITIONAL TO LAW ENFORCEMENT, WITH NO IMPACT ON FUNDS APPROPRIATED FOR LAW ENFORCEMENT. PENDING FEDERAL FINANCING HAS STIMULATED SIGNIFICANT INTEREST IN CRIMINAL INJURY COMPENSATION PROGRAMS. THE MAIN DIFFERENCE BETWEEN THE FEDERAL APPROACH AND THE UNIFORM CRIME VICTIMS REPARATIONS ACT IS THAT THE LATTER OMITS A FINANCIAL ABILITY TEST. (DEP)