VICTIMS WITHOUT CRIMES - COMPENSATION TO THE NOT GUILTY (FROM VICTIMOLOGY - A NEW FOCUS, V 2 - SOCIETY'S REACTION TO VICTIMIZATION, 1974 BY ISRAEL DRAPKIN AND EMILIO VIANO - SEE NCJ-15541)

• NCJ Number: 30597
• Author(s): R MORAN; S ZIEDMAN
• Date Published: 1974
• Length: 5 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A PROPOSAL IS MADE TO COMPENSATE ANY DEFENDANT WHO IS FOUND NOT GUILTY IN A COURT OF LAW FOR THE FINANCIAL LOSS, SUCH AS ATTORNEY FEES, BAIL BOND PREMIUMS, OR LOSS OF WAGES INCURRED AS A RESULT OF CRIMINAL PROSECUTION.

Abstract

THE AUTHORS ARGUE THAT ALTHOUGH THE DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY, HE IS NEVERTHELESS PUNISHED UNLESS COMPENSATED. ADVANTAGES OF SUCH A SYSTEM ARE OUTLINED. IT IS SUGGESTED THAT DEFENDANT COMPENSATION WOULD HELP ELIMINATE WASTEFUL OVER-INDICTING WHICH ADDS UNNECESSARILY TO THE COST OF OPERATING A CRIMINAL JUSTICE SYSTEM. ANOTHER POSSIBLE ADVANTAGE OF SUCH COMPENSATION COULD BE ITS DISCOURAGING EFFECT ON ARREST AS A MEANS OF PUNISHMENT AND HARASSMENT. FINALLY, THE AUTHORS ARGUE THAT SUCH A PLAN WOULD HELP SAFEGUARD THE CRIMINAL JUSTICE SYSTEM FROM BEING USED FOR POLITICAL PURPOSES. (AUTHOR ABSTRACT MODIFIED)