VICTIM COMPENSATION - ITS HISTORY, RATIONALE, IMPLEMENTATION AND POTENTIALITIES

• NCJ Number: 20450
• Journal: CRIME, PUNISHMENT AND CORRECTION Volume: 5 Issue: 1 Dated: (FEBRUARY 1976) Pages: 5-24
• Author(s): L SHASKOLSKY SHELEFF
• Date Published: 1976
• Length: 20 pages
• Corporate Author: National Institute for Crime Prevention and Rehabilitation of Offenders
• Publication Format: Article
• Language: English
• Country: South Africa

Annotation

THE FULL POTENTIALITIES OF VICTIM COMPENSATION CAN ONLY BE REALIZED WHEN VICTIM COMPENSATION CEASES TO BE A PERIPHERAL PART OF THE PENAL LAW AND BECOMES AGAIN THE CENTRAL ASPECT OF THE CRIMINAL PROCESS.

Abstract

AFTER AN ANALYSIS OF THE HISTORY OF VICTIM COMPENSATION, THE AUTHOR DISCUSSES A NUMBER OF PRACTICAL ASPECTS OF VICTIM COMPENSATION. WITH RESPECT TO THE CIRCUMSTANCES THAT WOULD JUSTIFY COMPENSATION, HE ARGUES AGAINST LIMITING IT TO DAMAGE SUFFERED FROM VIOLENT CRIME AND PROPOSES A SCHEME COVERING DAMAGE FROM ALL CRIMES. THE AUTHOR ALSO DEALS WITH THE RESPONSIBILITY OF THE CRIMINAL TO COMPENSATE THE VICTIM AND THE POSSIBILITY OF OTHER FORMS OF COMPENSATION, TYPES OF CLAIMS AND THE MANNER OF PAYMENT, THE RIGHTS OF BYSTANDERS AND COMPENSATION FOR THOSE WRONGFULLY THE VICTIMS OF THE CRIMINAL PROCESS. REFERENCES ARE INCLUDED.