PROPER ROLE OF A VICTIM-COMPENSATION SYSTEM

• NCJ Number: 16847
• Journal: Crime and Delinquency Volume: 21 Issue: 1 Dated: (JANUARY 1975) Pages: 45-49
• Author(s): S SCHAFER
• Date Published: 1975
• Length: 5 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

COMPENSATION TO THE VICTIM OF A CRIMINAL INJURY IS NOT EFFECTIVE, STATES THE AUTHOR, IF IT CONSISTS MERELY OF FINANCIAL REMEDY SUPPLIED BY THE STATE RATHER THAN PUNITIVE RESTITUTION.

Abstract

THIS PUNITIVE RESTITUTION MUST COME FROM THE OFFENDER'S RESOURCES (EITHER MONEY OR SERVICE) AND IT MUST BE PART OF THE CRIMINAL COURT SENTENCE BY BEING TIED TO WHATEVER REFORMATIVE PLAN IS CONTEMPLATED. CORRECTIONAL RESTITUTION GOES A SIGNIFICANT STEP FURTHER THAN CONPENSATION BY REQUIRING THE OFFENDER TO MAINTAIN A RELATIONSHIP WITH THE VICTIM UNTIL THE VICTIM'S PREINJURY CONDITION HAS BEEN RESTORED TO THE FULLEST EXTENT POSSIBLE. IT COMPENSATES THE VICTIM, RELIEVES THE STATE OF SOME BURDEN OF RESPONSIBILITY, AND PERMITS THE OFFENDER TO PAY HIS DEBT TO SOCIETY AND TO HIS VICTIM. THUS IT MAKES A CONTRIBUTION TO THE REFORMATIVE AND CORRECTIVE GOALS OF CRIMINAL LAW AND FINDS ITS PROPER PLACE IN THE CRIMINAL JUSTICE SYSTEM. (AUTHOR ABSTRACT)