1 Crime Victims: An Introduction to Victimology Sixth 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 for sexual assault and domestic violence—federal law  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 to incarcerate to repay debt to society –Second is to make efforts to repay –Incarceration and Restitution Not Compatible

9 Restitution By Offender  Opportunities for Restitution –Figure 12.1, page 315  Very small percentage receive restitution (Figure 12.2, page 316: 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 8% –Rape and Robbery 12% –Aggravated Assault 18% Higher for Property Crimes Burglaries 24% Fraud 35%

11 Civil Court Remedies Victims can pursue offenders in civil court  Tort Law—private wrongs  Plaintiff—victims  Punitive Damages—sanctions to punish offender (money)  Compensatory Damages—actual losses

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  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 3 rd 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 3 rd party lawsuits brought by rape victims

15 3 rd 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 if families of DUI or Domestic Violence  Groups Excluded –Police, fire, parolees, probationers, prisoners –“Pain and Suffering” paid in some states –In 1980—only victims facing financial hardships were eligible

20 Victim Compensation Programs Continued  How to Evaluate? Process and Impact  Process Evaluation—how program operates, productivity and 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 1996: U.S. paid out $250 Million to violent crime victims #1 Assault Victims—47% #2 Child Sex Abuse—12%

22 Victim Compensation Programs Continued  Impact Evaluation— –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  1981: 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 Key Terms Community Service Symbolic restitution Creative restitution Torts Funneling or shrinkage Punitive damages Compensatory damages DiscoveryInterrogatories Preponderance of evidence Default judgment Pain and suffering Negligence Sovereign immunity NonfeasanceMalfeasance Gross negligence Shared risk rationale Government liability rationale Social welfare approach Social justice rationale Symbolic politics