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VICTIM COMPENSATION IN CRIMES OF PERSONAL VIOLENCE (FROM INTERDISCIPLINARY PROBLEMS IN CRIMINOLOGY - PAPERS OF THE AMERICAN SOCIETY OF CRIMINOLOGY, 1964 BY WALTER C. RECKLESS AND CHARLES L NEWMAN - SEE NCJ-06247)

NCJ Number
30604
Author(s)
M E WOLFGANG
Date Published
1965
Length
12 pages
Annotation
THIS PAPER EXPLORES AND SUPPORTS THE PRINCIPLE THAT SOCIETY HAS A RESPONSIBILITY TO COMPENSATE THE VICTIM OF A CRIMINAL ASSAULT.
Abstract
REVIEWED ARE EXAMPLES OF COMPENSATION FOR INJURIES SUSTAINED BY VICTIMS OF CRIMINAL ASSAULTS IN PRIMITIVE CULTURES, THE EARLY HISTORY OF WESTERN CIVILIZATION BEFORE THE RISE OF THE STATE WHICH ASSUMED RESPONSIBILITY FOR ADJUDICATION IN CRIMINAL CASES, AND CONTEMPORARY TORT AND CRIMINAL LAW. ALSO CONSIDERED ARE OFFENDER RESTITUTION FOR PROPERTY DAMAGES, PERSONAL REPARATION BY THE OFFENDER TO THE VICTIM, AND PRECEDENTS IN FEDERAL AND STATE WORKMEN'S COMPENSATION LAWS AND IN THE SWEDISH PENAL CODE FOR ESTABLISHMENT OF A PROGRAM OF VICTIM COMPENSATION. PROCEDURAL PROBLEMS CONNECTED WITH THE ADMINISTRATION OF VICTIM COMPENSATION IDENTIFIED AND DISCUSSED INCLUDE DETERMINING THE CRIMINAL OFFENSES TO BE THE LEGAL BODY OF ADJUDICATION, FIXING THE AMOUNT AND TYPE OF BENEFITS, AND DEALING WITH THE QUESTION OF VICTIM PRECIPITATION OR PROVOCATION. IN ADDITION, RESEARCH EFFORTS TO INDEX CRIME SERIOUSNESS TO COST IN MONEY VALUES ARE EXAMINED.

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