criminal

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

Obstacles Undermining Restitution Economic realities limit the ability of many convicts to meet their restitution obligations. Because the street crime problem is in large part an outgrowth of poverty and the desperation it breeds, restitution obligations collide with competing claims for the same earnings. Ex-offenders have more pressing expenses and other debts. Furthermore, restitution is

Opportunities to Make Restitution Restitution is an extremely flexible sanction that is not being used to its full potential. It can be applied at each stage in the criminal justice process, from the immediate aftermath of the crime up until the final moments of parole supervision fol- lowing a period of imprisonment. Figure 12.1 illustrates

Divergent Goals, Clashing Philosophies Even though support for restoring restitution to its rightful place in the criminal justice process is grow- ing, its advocates do not agree on priorities and purposes. Some advocates have been promoting this ancient practice as an additional form of pun- ishment, while others tout it as a better method of

The Rise, Fall, and Rediscovery of Restitution The practice of making criminals repay their victims is an ancient one. Spontaneous acts of revenge were typical responses by injured parties and their kin before restitution was invented. Prior to the rise of governments, the writing of laws, and the crea- tion of criminal justice systems, the

GAINING RESTITUTION FROM OFFENDERS Back to Basics A renewed interest in restitution developed during the 1970s. Restitution takes place whenever injured parties are repaid by the individuals who are directly responsible for their losses. Offenders return stolen goods to their rightful owners, hand over equiva- lent amounts of money to cover out-of-pocket expenses, or perform