1. Crime Victims: An Introduction to Victimology Seventh Edition
By Andrew Karmen
Chapter Twelve:
Repaying Victims

2. How are Victims Repaid? 1. Offender Pays—Preferred 2. Civil Suit
3. Insurance Companies
4. Victim Compensation Program
5. Profits from Notorious Criminals

3. Restitution By Offender
Return of stolen goods
Equivalent amounts of money
Performs direct services

4. Restitution By Offender
Types of Restitution
Community Service
Symbolic Restitution
Creative Restitution

5. Rise/Fall/Rediscovery of Restitution
Code of Hammurabi, 1775 B.C.
Roman Law
Early America
Courts system: “crimes against the state”

6. Rise/Fall/Rediscovery of Restitution
1982: Presidents Task Force on Victims and Crime—Recommendation for Restitution paid by offenders
1994: Mandatory restitution in Federal cases of sexual assault and domestic violence
Courts in every state now have right to order restitution

7. Restitution By Offender
Reimbursement Covers
Medical and counseling costs
Replacement of property
Lost wages due to injuries
Other direct costs
Funeral expenditures

8. Purposes of Restitution
1. Repay Victims
2. Rehabilitate Offenders
3. Reconciliation
4. Means of Punishing
First priority is to incarcerate to repay debt to society
Second is to make efforts to repay victim
Incarceration and Restitution Not Compatible

9. Restitution By Offender
Opportunities for Restitution –Figure 12.1, page 343
Very small percentage receive restitution (Figure 12.2, page 344: Funneling or Shrinkage: The Leaky Net)
Economic Realities
Evaluation of Restitution Programs:
Victim-oriented—make victims whole
Offender-oriented—rehabilitate
System-oriented—reduces costs of incarceration
No consensus on how to evaluate

10. Imposition of Restitution
Ordered in small proportion of violent crimes:
Murder 14%
Rape and Robbery 16%
Aggravated Assault 15%
Higher for Property Crimes
Burglaries 24%
Fraud 30%
Table 12.1, page 346

11. Civil Court Remedies Victims can pursue offenders in civil court
Tort Law—private wrongs
Plaintiff—victims
Compensatory Damages—meant to compensate for actual losses
Punitive Damages— additional sanctions meant to punish the offender

12. Civil Court Process
Plaintiff files complaint (pleadings), noting jurisdictional issues and causes for action
Summons served to defendant and must respond within 30 days
Discovery process
If the suit results from a crime, the civil suit usually occurs after a criminal trial
“Preponderance of Evidence”—51%

13. Civil Court Process Challenges Takes years to repay
Victim may counter-sue for harassment
Good attorneys more important than facts
Most criminals do not have resources to pay a judgment ordered in civil court

14. 3rd Party Lawsuits See Examples in Chapter Suing Business
Negligence created opportunity
Did not act to prevent foreseeable crime
Disregarded complaints
Did not post warnings
Most 3rd party lawsuits brought by rape victims

15. 3rd Party Lawsuits Suing Government Standard is “gross negligence”
Sovereign immunity
Malfeasance
Nonfeasance
Wrongful escape
Failure to warn
Wrongful release

16. Collecting Insurance Reimbursements
Most insurance policies reimburse victims:
Life Insurance
Home Owners Insurance
Disability Insurance
Auto Insurance
Lost Wages Insurance—Workman’s Comp

17. Victim Compensation Programs
Government programs for social problems
“New Frontier” and “Great Society”
Rationales
Shared Risk Rationale
Government Liability Rationale
Social Welfare Approach—Social Justice
Political Realities

18. Victim Compensation Programs
VOCA—Victims of Crime Act, 1984
First established compensation funds through fines, penalties and forfeitures
1993—Every state had such a fund
How Funds Operate
Compensate only “innocent victims”
Serious crimes only—injury, trauma, death
Do not replace goods unless critical—elderly
Only “Out of Pocket” expenses reimbursed

19. Victim Compensation Programs Continued
Will not pay if insurance pays
No double compensation
Restitution is subtracted from award
Groups can receive award (i.e. families of DUI victim or Domestic Violence)
Groups Excluded
Police, fire, parolees, probationers, prisoners
“Pain and Suffering” paid in some states

20. Victim Compensation Programs Continued
How to Evaluate? Process and Impact
Process Evaluation—how program operates, productivity, costs, and decision-making patterns
1988 study
62% from local fines and forfeitures
23% from taxes
15% from VOCA

21. Victim Compensation Programs Continued
Process Evaluation:
Most claims for DUI, Homicides, rapes, robberies and child abuse
Time for processing claims—1-24 months
Most eligible victims never apply; unaware
2007: U.S. paid out $450 Million to violent crime victims
Assault Victims: largest group receiving aid

22. Victim Compensation Programs Continued
Impact Evaluation (1983)—
No evidence program is encouraging victims to report and cooperate with CJ system
Not reducing public discontent with CJ system, provoked additional frustrations
¾ of those applying will not again if victimized
This is only an exercise of “ symbolic politics”
Public supports program but has no understanding of victim dissatisfaction

23. Confiscating Profits from Notorious Criminals
Read examples in chapter
Son of Sam and Dog Day Afternoon
1977: New York passed “Son of Sam Laws” preventing criminals from making money from writing books or movies
1991: U.S. Supreme Court overturned based on free speech limitations
Laws changed to give all assets of criminals to family of victims—no mention of royalties or movies

24. Funneling or shrinkage
Key Terms
Community Service
Symbolic restitution
Creative restitution
Composition
Torts
Funneling or shrinkage
Plaintiffs
Defendants
Judgments
Punitive Damages
Compensatory Damages
Pecuniary Damages
Wrongful Death
Battery
Trespass
Conversion of Chattel
False Imprisonment
Second Party
Pleading
Causes of Action
Process Server
First Party
Discovery
Interrogatories

25. Key Terms Depositions Statute of Limitations Attached Garnished
Contingency Fees
Preponderance of Evidence
Default Judgment
Pain and Suffering
Deep Pockets
Judgment-proof
Third Parties
Negligence
Sovereign Immunity
Nonfeasance
Malfeasance
Wrongful Escape
Failure to Warn
Wrongful Release
Abuse of Discretionary Authority
False Positives
False Negatives
Deductible Clauses
Double Indemnity Clause

26. Key Terms Redlining Shared-risk Rationale
Government-Liability Rationale
Social-Welfare Approach
Social-Justice Rationale
Subrogated
Penalty Assessments
Means Test