NCJ Number
46972
Date Published
1977
Length
21 pages
Annotation
THE ARTICLE DISCUSSES PROPOSALS FOR A VICTIM COMPENSATION BILL BEFORE CONGRESS, WHY SUCH A BILL IS LIKELY TO PASS, HOW MUCH IT WOULD COST IN OPERATION, AND WHO THE MAJOR BENEFICIARIES WOULD BE.
Abstract
BILLS DEALING WITH THE COMPENSATION OF VICTIMS OF CRIME HAVE BEEN INTRODUCED EVERY YEAR IN CONGRESS SINCE 1965. A FEDERAL COMPENSATION BILL APPEARS LIKELY TO BECOME LAW BEFORE 1980 IN A FORM CLOSE TO ITS PRESENT STRUCTURE. AS OF 1977, THE BILL WOULD ESTABLISH A VIOLENT CRIMES COMPENSATION BOARD AS AN INDEPENDENT AGENCY WITHIN THE JUSTICE DEPARTMENT. IT WOULD ACT AS A QUASI-JUDICIAL BODY IN HEARING AND GRANTING CLAIMS. ANY ATTORNEYS WHO APPEARED BEFORE THE BOARD IN CONNECTION WITH ANY CLAIM WOULD HAVE THEIR FEES PAID BY THE BOARD (NOT BY THE VICTIM). STANDARDS ARE SET FOR THE AMOUNTS OF PAYMENTS WHICH WOULD BE ALLOWED TO VICTIMS, AS WELL AS TO ANY INDIVIDUALS INJURED IN AN ATTEMPT TO PREVENT A CRIME OR STOP AN ASSAILANT. AN ACCURATE ESTIMATE OF THE COSTS OF SUCH A PROGRAM IS DIFFICULT. VARIOUS AGENCIES AND JURISDICTIONS HAVE MADE ESTIMATES BASED ON DIFFERENT DATA. ESTIMATES HAVE RANGED FROM $26 MILLION TO $500 MILLION FOR FISCAL YEAR 1979. THE BILL HAS RECEIVED SUPPORT FROM A WIDE VARIETY OF GROUPS AND HAS LITTLE OPPOSITION. THE AMERICAN BAR ASSOCIATION IS IN FAVOR OF IT, AS THE FEES PAID TO ATTORNEYS BY THE COMPENSATION BOARD COULD PROVIDE EMPLOYMENT FOR QUITE A FEW LAWYERS. THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE GENERALLY SUPPORTS VICTIM COMPENSATION BILLS, AS THEY ARE OFTEN JOINED WITH LEGISLATION PROVIDING FOR PAYMENTS TO POLICE INJURED IN THE LINE OF DUTY. IN ADDITION, COMPENSATION PROGRAMS FOR VICTIMS WOULD ENCOURAGE THEM TO REPORT CRIMES AND TO COOPERATE FULLY WITH POLICE. DEPARTMENT OF JUSTICE OFFICIALS STAND TO BENEFIT FROM THE PROGRAM, AS IT WOULD RESULT IN THE EXPANSION OF THE DEPARTMENT'S SPHERE OF INFLUENCE. CONGRESSMEN BENEFIT FROM THE ENDORSEMENT OF SUCH POLITICALLY POPULAR PROGRAMS. STATES WOULD BENEFIT FROM THE FEDERAL SUBSIDY WHICH THE PROGRAM WOULD INVOLVE. FINALLY, PUBLIC OPINION HAS FAVORED SUCH A PROGRAM, EVEN BEFORE THE ISSUE OF VICTIM COMPENSATION CAME TO NATIONAL ATTENTION. BASED ON THEORIES OF BUREAUCRACY, IT CAN BE PREDICTED THAT ONCE A COMPENSATION PROGRAM IS INITIATED, IT WOULD GROW RAPIDLY. THOSE IN CHARGE OF OPERATING IT WOULD HAVE INCENTIVES TO EXPAND IT SO AS TO ENHANCE THE POWER OF THEIR BUREAUS AND THE PRESTIGE AND PAY OF THEIR OWN POSITIONS. PRECEDENTS FOR THE PHENOMENON CAN BE FOUND IN THE GROWTH OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION, THE INDIAN CLAIMS COMMISSION, AND THE NATIONAL LABOR RELATIONS BOARD. CAUTION IS ADVISED, CONSIDERING THE POTENTIAL FOR THIS TREMENDOUS GROWTH OF ANOTHER BUREAUCRATIC AGENCY, WHICH COULD ENCOMPASS MORE IN TERRITORY AND MONEY THAN ORIGINALLY ENVISIONED. (VDA)