RESTITUTION, COMPENSATION FOR VICTIMS OF CRIME AND CANADIAN CRIMINAL LAW (FROM COMMUNITY PARTICIPATION IN SENTENCING, 1976 - SEE NCJ-42268)

• NCJ Number: 42269
• Author(s): A M LINDEN
• Date Published: 1976
• Length: 45 pages
• Corporate Author: Printing and Publishing Supply and Services Canada
• Publication Format: Document
• Language: English
• Country: Canada

Annotation

THIS PAPER EXAMINES THE AVAILABLE VICTIM COMPENSATION SCHEMES IN CANADA, RELATES THEM TO THE USE OF RESTITUTION BY CANADIAN CRIMINAL COURTS, AND PROPOSES REFORMS TO INTEGRATE THESE VARIOUS MEASURES.

Abstract

AMONG THE REMEDIES PRESENTLY AVAILABLE TO CRIME VICTIMS IN CANADA ARE CIVIL ACTIONS IN TORT AGAINST CRIMINALS, RESTITUTION, SOCIAL WELFARE PROGRAMS, PRIVATE INSURANCE, AND CHARITY. THE AUTHOR NOTES THAT EVEN WITH THESE AVAILABLE PROGRAMS, IF FULL COMPENSATION FOR VICTIMS OF CRIME WAS DESIRED, THESE PROGRAMS ARE DEFICIENT. REASONS ADVANCED IN FAVOR OF STATE COMPENSATION SCHEMES ARE REVIEWED, AND EXISTING CANADIAN COMPENSATION PLANS ARE EXAMINED. THE AUTHOR NOTES THAT THESE SCHEMES ARE RATHER BROAD AND FREQUENTLY QUITE GENEROUS IN THEIR PROVISIONS. THE AUTHOR FINDS THAT THE MAJOR SHORTCOMINGS OF THE EXISTING CANADIAN PLANS IS THEIR INSISTENCE ON VIVA VOCE HEARINGS, THEIR LIMITATIONS ON THE WAYS IN WHICH DAMAGES ARE ASSESSED, AND THE LACK OF PUBLICITY ABOUT THESE PLANS, RESULTING IN UNDERUTILIZATION OF COMPENSATION BY CRIME VICTIMS. SEVERAL ISSUES INVOLVED IN THE USE OF COMPENSATION AND RESTITUTION ARE DISCUSSED, AND THE AUTHOR CONCLUDES THAT THE USE OF RESTITUTION SHOULD BE EXPANDED....DMC