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The Debate over Compensation in the United States In the late 1950s, the question of compensation sur- faced in American law journals. Initially, distin- guished scholars raised many objections to the idea of having the government provide financial assistance to innocent individuals wounded or slain by crim- inals. But support for the notion of compensation […]

The History of Victim Compensation by Governments The earliest reference to governmental compen- sation for crime victims can be found in the ancient Babylonian Code of Hammurabi, which is considered to be the oldest written body of criminal law (about 1775 BC). The code instructed territorial governors to replace the lost property of someone who

RECOVERING LOSSES THROUGH VICTIM COMPENSATION PROGRAMS Most street crime victims never receive criminal court-ordered restitution for one obvious reason: The offenders are not caught and convicted. For a parallel reason, most victims never collect court- ordered civil judgments: The perpetrators cannot be identified or located and then successfully sued. Furthermore, rarely can a third party

Federal Crime Insurance Insurance companies make profits in two ways: They adjust their rates continuously so that they take in more money in premiums than they pay out in claims, and they invest the money paid by policyholders in order to collect interest, divi- dends, and rents. To contain costs and limit pay- outs, companies

Patterns of Loss, Recovery, and Reimbursement Statistics derived from the National Crime Victimiza- tion Survey confirm some commonsense predictions about insurance coverage and recovery. First, some types of coverage are more common than others. More people are insured against medical expenses than against property losses. Medical and dental costs are potentially more devastating than theft

Challenges Facing Burglary Victims Who Seek Insurance Reimbursement Many hurdles have to be surmounted before crime-conscious individuals who have taken out renters or homeowners insurance can collect money to cover their losses inflicted by intruders who stole their valuable possessions. Here are some issues that can arise, step-by-step: The crime scene should not be disturbed

COLLECTING INSURANCE REIMBURSEMENTS Private Crime Insurance Private insurance companies are innocent third par- ties that can quickly and routinely provide reim- bursement for losses. The positive aspect is that a prudent policyholder can be repaid without too many complications as long as a formal complaint is filed with the police. The drawbacks are that a

Collecting Damages from Third Parties Even when the perpetrators of a crime are known to be judgment-proof, victims still have a chance to recover their losses. Instead of suing those who inflicted their injuries directly and intentionally, plaintiffs can go after third parties: individuals or entities such as businesses, institutions, or govern- ment agencies. The

The Litigation Process Civil suits can involve claims for punitive damages as well as compensatory and pecuniary damages. Awards for compensatory damages (repayment of expenses) and pecuniary damages (to cover lost income) are supposed to restore victims to their former financial condition (make them “whole” again). They can receive the monetary equivalent of stolen or

WINNING JUDGMENTS IN CIVIL COURT The Revival of Interest in Civil Lawsuits A famous retired football player is put on trial for the murder of his ex-wife and her friend, but he is acquitted by a jury that is not convinced of his guilt T A B L E 12.2 Percentage of Convicted Felons Placed