Crime Victims: An Introduction to
Victimology
Sixth Edition
By Andrew Karmen
Chapter Twelve:
Repaying Victims
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 1. Offender Pays —Preferred
 2. Civil Suit
 3. Insurance Companies
 4. Victim Compensation Program
 5. Profits from Notorious Criminals
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 Return of stolen goods
 Equivalent amounts of money
 Performs direct services
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 Types of Restitution
– Community Service
– Symbolic Restitution
– Creative Restitution
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 Code of Hammurabi, 1775 B.C.
 Roman Law
 Early America
 Courts system: “crimes against the state”
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 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
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 Reimbursement Covers
– Medical and counseling costs
– Replacement of property
– Lost wages due to injuries
– Other direct costs
– Funeral expenditures
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 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
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 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
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 Ordered in small proportion of violent crimes:
– Murder 8%
– Rape and Robbery 12%
– Aggravated Assault 18%
Higher for Property Crimes
Burglaries 24%
Fraud 35%
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Victims can pursue offenders in civil court
 Tort Law —private wrongs
 Plaintiff —victims
 Punitive Damages —sanctions to punish offender (money)
 Compensatory Damages —actual losses
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 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%
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 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
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rd
 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
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rd
 Suing Government
– Standard is “gross negligence”
– Sovereign immunity
– Malfeasance
– Nonfeasance
– Wrongful escape
– Failure to warn
– Wrongful release
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Collecting Insurance
Reimbursements
 Most insurance policies reimburse victims:
– Life Insurance
– Home Owners Insurance
– Disability Insurance
– Auto Insurance
– Lost Wages Insurance—Workman’s Comp
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 Government programs for social problems
– “New Frontier” and “Great Society”
– Rationales
 Shared Risk Rationale
 Government Liability Rationale
 Social Welfare Approach —Social Justice
 Political Realities
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 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
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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
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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
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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%
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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
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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
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Community Service
Symbolic restitution
Funneling or shrinkage Torts
Compensatory damages Discovery
Default judgment Preponderance of evidence
Negligence
Gross negligence
Social welfare approach
Creative restitution
Punitive damages
Interrogatories
Pain and suffering
Sovereign immunity Nonfeasance
Malfeasance
Shared risk rationale Government liability rationale
Social justice rationale Symbolic politics
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