Crime Victims: An Introduction to Victimology Sixth Edition

1. Crime Victims: An Introduction to VictimologySixth 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. 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 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