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Crime Victims: An Introduction to Crime Victims: An Introduction to VictimologyVictimology

Sixth EditionSixth EditionBy Andrew KarmenBy Andrew Karmen

Chapter Twelve:Chapter Twelve:

Repaying VictimsRepaying Victims

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How are Victims Repaid?How are Victims Repaid?

1. Offender Pays—Preferred1. Offender Pays—Preferred 2. Civil Suit2. Civil Suit 3. Insurance Companies3. Insurance Companies 4. Victim Compensation Program4. Victim Compensation Program 5. Profits from Notorious Criminals5. Profits from Notorious Criminals

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Restitution By OffenderRestitution By Offender

Return of stolen goodsReturn of stolen goods

Equivalent amounts of moneyEquivalent amounts of money

Performs direct servicesPerforms direct services

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Restitution By OffenderRestitution By Offender

Types of RestitutionTypes of Restitution

– Community ServiceCommunity Service

– Symbolic Restitution Symbolic Restitution

– Creative RestitutionCreative Restitution

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Rise/Fall/Rediscovery of Rise/Fall/Rediscovery of RestitutionRestitution

Code of Hammurabi, 1775 B.C.Code of Hammurabi, 1775 B.C.

Roman LawRoman Law

Early AmericaEarly America

Courts system: “crimes against the state”Courts system: “crimes against the state”

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Rise/Fall/Rediscovery of Rise/Fall/Rediscovery of RestitutionRestitution

1982: Presidents Task Force on Victims and 1982: Presidents Task Force on Victims and Crime—Recommendation for Restitution Crime—Recommendation for Restitution paid by offenderspaid by offenders

1994: Mandatory restitution for sexual 1994: Mandatory restitution for sexual assault and domestic violence—federal lawassault and domestic violence—federal law

Courts in every state now have right to order Courts in every state now have right to order restitutionrestitution

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Restitution By OffenderRestitution By Offender

Reimbursement CoversReimbursement Covers

– Medical and counseling costsMedical and counseling costs– Replacement of propertyReplacement of property– Lost wages due to injuriesLost wages due to injuries– Other direct costsOther direct costs– Funeral expendituresFuneral expenditures

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Purposes of RestitutionPurposes of Restitution

1. Repay Victims1. Repay Victims 2. Rehabilitate Offenders2. Rehabilitate Offenders 3. Reconciliation3. Reconciliation 4. Means of Punishing4. Means of Punishing

– First to incarcerate to repay debt to societyFirst to incarcerate to repay debt to society– Second is to make efforts to repaySecond is to make efforts to repay

– Incarceration and Restitution Not CompatibleIncarceration and Restitution Not Compatible

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Restitution By OffenderRestitution By Offender

Opportunities for Restitution –Figure 12.1, page Opportunities for Restitution –Figure 12.1, page 315315

Very small percentage receive restitution (Figure Very small percentage receive restitution (Figure 12.2, page 316: Funneling or Shrinkage: The 12.2, page 316: Funneling or Shrinkage: The Leaky Net)Leaky Net)

Economic RealitiesEconomic Realities Evaluation of Restitution Programs:Evaluation of Restitution Programs:

– Victim oriented—make victims wholeVictim oriented—make victims whole– Offender oriented—rehabilitateOffender oriented—rehabilitate– System oriented—reduces costs of incarcerationSystem oriented—reduces costs of incarceration

No consensus on how to evaluateNo consensus on how to evaluate

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Imposition of RestitutionImposition of Restitution

Ordered in small proportion of violent Ordered in small proportion of violent crimes:crimes:– Murder 8%Murder 8%– Rape and Robbery 12%Rape and Robbery 12%– Aggravated Assault 18%Aggravated Assault 18%

Higher for Property CrimesHigher for Property Crimes

Burglaries 24%Burglaries 24%

Fraud 35%Fraud 35%

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Civil Court RemediesCivil Court Remedies

Victims can pursue offenders in civil courtVictims can pursue offenders in civil court

Tort Law—private wrongsTort Law—private wrongs Plaintiff—victimsPlaintiff—victims Punitive Damages—sanctions to punish Punitive Damages—sanctions to punish

offender (money)offender (money) Compensatory Damages—actual lossesCompensatory Damages—actual losses

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Civil Court ProcessCivil Court Process

Plaintiff files complaint (pleadings), noting Plaintiff files complaint (pleadings), noting jurisdictional issues and causes for actionjurisdictional issues and causes for action

Summons served to defendant and must Summons served to defendant and must respond within 30 daysrespond within 30 days

Discovery processDiscovery process Usually occurs after a criminal trialUsually occurs after a criminal trial ““Preponderance of Evidence”—51%Preponderance of Evidence”—51%

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Civil Court ProcessCivil Court Process

ChallengesChallenges

– Takes years to repayTakes years to repay– Victim may counter-sue for harassmentVictim may counter-sue for harassment– Good attorneys more important than factsGood attorneys more important than facts– Most criminals do not have resources to pay a Most criminals do not have resources to pay a

judgment ordered in civil courtjudgment ordered in civil court

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33rdrd Party Lawsuits Party Lawsuits

See Examples in ChapterSee Examples in Chapter Suing BusinessSuing Business

– Negligence created opportunityNegligence created opportunity– Did not act to prevent foreseeable crimeDid not act to prevent foreseeable crime

Disregarded complaintsDisregarded complaints Did not post warningsDid not post warnings

Most 3Most 3rdrd party lawsuits brought by rape victims party lawsuits brought by rape victims

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33rdrd Party Lawsuits Party Lawsuits

Suing GovernmentSuing Government– Standard is “gross negligence”Standard is “gross negligence”– Sovereign immunitySovereign immunity– MalfeasanceMalfeasance– NonfeasanceNonfeasance– Wrongful escapeWrongful escape– Failure to warnFailure to warn– Wrongful releaseWrongful release

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Collecting Insurance Collecting Insurance ReimbursementsReimbursements

Most insurance policies reimburse victims:Most insurance policies reimburse victims:– Life InsuranceLife Insurance– Home Owners InsuranceHome Owners Insurance– Disability InsuranceDisability Insurance– Auto InsuranceAuto Insurance– Lost Wages Insurance—Workman’s CompLost Wages Insurance—Workman’s Comp

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Victim Compensation ProgramsVictim Compensation Programs

Government programs for social problemsGovernment programs for social problems– ““New Frontier” and “Great Society”New Frontier” and “Great Society”– RationalesRationales

Shared Risk RationaleShared Risk Rationale Government Liability RationaleGovernment Liability Rationale Social Welfare Approach—Social JusticeSocial Welfare Approach—Social Justice Political RealitiesPolitical Realities

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Victim Compensation ProgramsVictim Compensation Programs

VOCA—Victims of Crime Act, 1984VOCA—Victims of Crime Act, 1984– First established compensation funds through First established compensation funds through

fines, penalties and forfeituresfines, penalties and forfeitures– 1993—Every state had such a fund1993—Every state had such a fund

How Funds OperateHow Funds OperateCompensate only “innocent victims”Compensate only “innocent victims”

Serious crimes only—injury, trauma, deathSerious crimes only—injury, trauma, deathDo not replace goods unless critical—elderlyDo not replace goods unless critical—elderly

Only “Out of Pocket” expenses reimbursedOnly “Out of Pocket” expenses reimbursed

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Victim Compensation Programs Victim Compensation Programs ContinuedContinued

Will not pay if insurance paysWill not pay if insurance pays No double compensationNo double compensation Restitution is subtracted from awardRestitution is subtracted from award Groups can receive award if families of DUI or Groups can receive award if families of DUI or

Domestic ViolenceDomestic Violence Groups ExcludedGroups Excluded

– Police, fire, parolees, probationers, prisonersPolice, fire, parolees, probationers, prisoners– ““Pain and Suffering” paid in some statesPain and Suffering” paid in some states– In 1980—only victims facing financial hardships were In 1980—only victims facing financial hardships were

eligibleeligible

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Victim Compensation Programs Victim Compensation Programs ContinuedContinued

How to Evaluate? Process and ImpactHow to Evaluate? Process and Impact Process Evaluation—how program Process Evaluation—how program

operates, productivity and costs and operates, productivity and costs and decision-making patternsdecision-making patterns

1988 study1988 study– 62% from local fines and forfeitures62% from local fines and forfeitures– 23% from taxes23% from taxes– 15% from VOCA15% from VOCA

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Victim Compensation Programs Victim Compensation Programs ContinuedContinued

Process Evaluation:Process Evaluation:Most claims for DUI, Homicides, rapes, robberies Most claims for DUI, Homicides, rapes, robberies

and child abuseand child abuse

Time for processing claims—1-24 monthsTime for processing claims—1-24 months

1996: U.S. paid out $250 Million to violent crime 1996: U.S. paid out $250 Million to violent crime victimsvictims

#1 Assault Victims—47%#1 Assault Victims—47%

#2 Child Sex Abuse—12%#2 Child Sex Abuse—12%

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Victim Compensation Programs Victim Compensation Programs ContinuedContinued

Impact Evaluation—Impact Evaluation—– No evidence program is encouraging victims to No evidence program is encouraging victims to

report and cooperate with CJ systemreport and cooperate with CJ system– Not reducing public discontent with CJ system, Not reducing public discontent with CJ system,

provoked additional frustrationsprovoked additional frustrations– ¾ of those applying will not again if victimized¾ of those applying will not again if victimized– This is only an exercise of “ symbolic politics”This is only an exercise of “ symbolic politics”– Public supports program but has no Public supports program but has no

understanding of victim dissatisfactionunderstanding of victim dissatisfaction

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Confiscating Profits from Notorious Confiscating Profits from Notorious CriminalsCriminals

Read examples in chapterRead examples in chapter Son of Sam and Dog Day AfternoonSon of Sam and Dog Day Afternoon 1977: New York passed “Son of Sam Laws” 1977: New York passed “Son of Sam Laws”

preventing criminals from making money from preventing criminals from making money from writing books or movieswriting books or movies

1981: U.S. Supreme Court overturned based on 1981: U.S. Supreme Court overturned based on free speech limitationsfree speech limitations

Laws changed to give all assets of criminals to Laws changed to give all assets of criminals to family of victims—no mention of royalties or family of victims—no mention of royalties or moviesmovies

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Key TermsKey TermsCommunity ServiceCommunity Service Symbolic restitutionSymbolic restitution Creative restitutionCreative restitution

TortsTorts Funneling or shrinkageFunneling or shrinkage Punitive damagesPunitive damages

Compensatory damagesCompensatory damages DiscoveryDiscovery InterrogatoriesInterrogatories

Preponderance of Preponderance of evidenceevidence

Default judgmentDefault judgment Pain and sufferingPain and suffering

NegligenceNegligence Sovereign immunitySovereign immunity NonfeasanceNonfeasance

MalfeasanceMalfeasance

Gross negligenceGross negligence Shared risk rationaleShared risk rationale Government liability Government liability rationalerationale

Social welfare Social welfare approachapproach

Social justice rationaleSocial justice rationale Symbolic politicsSymbolic politics