VICTIM COMPENSATION - AN ANALYSIS OF SUBSTANTIVE ISSUES

• NCJ Number: 64987
• Journal: Social Service Review Volume: 48 Issue: 1 Dated: (MARCH 1974) Pages: 60-74
• Author(s): B GALAWAY; L RUTMAN
• Date Published: 1974
• Length: 15 pages
• Corporate Author: University of Chicago Press
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

SUBSTANTIVE ISSUES PERTAINING TO VICTIM COMPENSATION ARE EVALUATED. EXISTING LEGISLATION, VARIOUS VICTIM COMPENSATION SCHEMES, AND TRENDS IN EMERGING PROGRAMS ARE EMPHASIZED.

Abstract

IN THE 1960'S, LEGISLATION PROVIDING FOR COMPENSATION TO VICTIMS OF VIOLENT CRIMES WAS ENACTED IN SEVERAL COUNTRIES INCLUDING CANADA, AUSTRALIA, ENGLAND, NEW ZEALAND, NORTHERN IRELAND, AND THE UNITED STATES. VICTIM COMPENSATION REFERS TO PAYMENTS MADE BY THE GOVERNMENT TO VICTIMS OF CRIME. IT DIFFERS FROM RESTITUTION WHICH INVOLVES PAYMENTS IN EITHER MONEY OR SERVICES MADE BY THE OFFENDER TO THE VICTIM. CONTEMPORARY VICTIM COMPENSATION PLANS ARE GENERALLY TRACED TO MARGARET FRY OF LONDON AND HER ACTIVITIES DURING THE LATE 1950'S. THE NEED FOR PUBLIC VICTIM COMPENSATION CAN BE UNDERSTOOD IN VIEW OF THE HISTORIC DEVELOPMENT OF CRIMINAL LAW WHICH GRADUALLY EXPANDED INTO AREAS PREVIOUSLY COVERED BY TORT LAW. THIS DEVELOPMENT RESULTED IN THE ELIMINATION OF THE VICTIM FROM THE CRIMINAL LAW PROCEEDING, WHILE THE STATE ASSUMED RESPONSIBILITY FOR ACTION AGAINST THE OFFENDER AND RELEGATED THE VICTIM'S INTERESTS TO TORT LAW PROCEDURES. TWO ARGUMENTS HAVE BEEN ADVANCED FOR PUBLIC COMPENSATION TO THE VICTIMS OF CRIMES OF VIOLENCE. THESE INCLUDE THE OBLIGATION OF THE STATE AND SOCIAL WELFARE CONCERNS. THE PREVAILING PATTERN FOR ADMINISTRATION OF VICTIM COMPENSATION PROGRAMS IS THE CREATION OF A CRIME COMPENSATION BOARD. COVERAGE IS GENERALLY LIMITED TO THE VICTIMS OF CRIMES OF VIOLENCE AND, IN CASES OF DEATH OR DISABLEMENT, TO CERTAIN CLASSES OF DEPENDENTS. SEVERAL ISSUES CONCERNING COVERAGE REQUIRE CAREFUL STUDY BY FRAMERS OF COMPENSATION PROGRAMS, INCLUDING FINANCIAL NEED AS AN ELIGIBILITY REQUIREMENT, COMPENSATION FOR PAIN AND SUFFERING, REDUCTION OR DENIAL BECAUSE OF VICTIM FAULT, AND COMPENSATION WHEN VICTIM AND OFFENDER ARE RELATED. COST IS THE MAJOR FACTOR IN ANY PROGRAM. FOOTNOTES AND REFERENCES ARE PROVIDED. (LWM)