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Crime Victims: An Introduction to Victimology Seventh Edition

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Presentation on theme: "Crime Victims: An Introduction to Victimology Seventh Edition"— Presentation transcript:

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

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