NCJ Number
52475
Date Published
1978
Length
97 pages
Annotation
THE RATIONALE FOR VICTIMS COMPENSATION, PROBLEMS WITH VARIOUS VICTIM COMPENSATION PLANS, SUMMARIES OF LOUISIANA AND FEDERAL LEGISLATION, AND RECOMMENDATIONS ARE INCLUDED IN THIS REPORT.
Abstract
AFTER AN OPENING DISCUSSION OF THE DIFFERENCES BETWEEN VICTIM COMPENSATION AND VICTIM RESTITUTION, A BRIEF HISTORY OF VICTIM COMPENSATION SCHEMES IN THE 1960'S AND 1970'S IS PRESENTED. THE PLIGHT OF MANY CRIME VICTIMS LED SEVERAL STATES TO IMPLEMENT VICTIM COMPENSATION PLANS. THESE PLANS ARE BRIEFLY REVIEWED. LOUISIANA ENACTED VICTIM COMPENSATION LEGISLATION IN 1972 BUT THE PLAN WAS NEVER FUNDED. DURING THE 1978 LEGISLATIVE SESSION, FOUR VICTIM COMPENSATION BILLS WERE INTRODUCED. OF THESE, LOUISIANA SENATE BILL 1 (S.B. 1) HAS RECEIVED THE GREATEST SUPPORT. THE PROVISIONS OF S.B. 1 AND THE UNIFORM CRIME VICTIMS REPARATIONS ACT ARE COMPARED. THEN TWO FEDERAL BILLS (HOUSE OF REPRESENTATIVES BILL 7010 AND SENATE BILL 551) ARE REVIEWED. THESE FEDERAL EFFORTS ARE COMPARED WITH S.B.1, AND ALL THE LEGISLATION IS COMPARED WITH THE WORKMAN'S COMPENSATION PROGRAM, WHICH IS VIEWED AS A SIMILAR ATTEMPT TO REDRESS WRONGS. THE FINAL SECTION DISCUSSES THE PROBLEMS OF FUNDING AND ADMINISTERING THESE PROGRAMS. IT POINTS OUT THAT STATES WITH VICTIM COMPENSATION PROGRAMS EITHER ADMINISTER THEM THROUGH A SEPARATE AGENCY OR ADMINISTER THEM THROUGH THE COURTS. THE STRENGTHS AND WEAKNESSES OF EACH APPROACH ARE REVIEWED. THE SUMMARY ALSO PRESENTS ARGUMENTS AGAINST VICTIM COMPENSATION. IT IS CONCLUDED THAT SUCH PLANS MUST BE CAREFULLY DESIGNED AND ADMINISTERED TO REDUCE FRAUD. APPENDIXES CONTAIN REPRINTS OF VICTIM COMPENSATION SECTIONS FROM THE UNIFORM CRIME VICTIMS REPARATIONS ACT, THE FEDERAL LEGISLATION, AND S.B. 1. AN APPENDED TABLE COMPARES THE PROVISIONS OF ALL THESE BILLS. EXTENSIVE NOTES AND REFERENCES ARE PROVIDED. (GLR)