NCJ Number
93217
Date Published
1975
Length
20 pages
Annotation
Following a review of victim-compensation legislation in Great Britain; New Zealand; New South Wales, Australia; some Canadian Provinces; and the U.S. States of California, New York, and other States with such laws, Federal proposals for victim-compensation legislation and a model law are discussed. Based on this review of existing legislation and proposals, essential elements of a victim-compensation law are outlined.
Abstract
There are some obvious differences in the operation of the various victim-compensation plans operating throughout the world. It is therefore appropriate to identify the elements necessary to establish an efficient yet equitable scheme for compensating victims of criminal violence. The theoretical basis of a compensation plan should be that the government has failed in its function to protect citizens from criminal injury; however, existing programs are based in the premise of a benevolent government. Compensation should be available to all victims of crime within the targeted jurisdiction, including victims who are members of the offender's family. The amount of compensation should take into account medical bills and loss of wages due to victimization as well as the pain and suffering of the victim. Compensation plans should not be administered by the courts, because they are already overburdened, and such a system would be slower in awarding compensation to victims needing immediate relief. Application procedures should be kept as simple as possible, and all claims should be filed within 1 year of the occurrence of the injury, except where special circumstances are involved. Finally, provisions should guarantee to the claimant the right to judicial review after he/she has appealed to the full board, so as to provide the necessary checks on administrative actions. Extensive footnotes are provided.