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Reply #415: Criminal courts *do* involve themselves with retribution payments for victims. [View All]

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Zenlitened Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-07-07 03:42 PM
Response to Reply #62
415. Criminal courts *do* involve themselves with retribution payments for victims.
Edited on Thu Jun-07-07 03:43 PM by Zenlitened
You said, "If something is to be done for the victim, that will be decided in civil court, not criminal court." That's not true.

This document is from the U.S. Department of Justice, Office for Victims of Crime, explaining how victim compensation is part and parcel of the criminal proceedings:
http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin6/welcome.html

Introduction

Victims suffer staggering economic costs as a result of crime. The tangible cost of crime, including medical expenses, lost earnings, and public victim assistance costs, is an estimated $105 billion a year.1 Crime victim compensation programs reimburse victims for part of this loss. During fiscal year 1998, state compensation programs paid close to $250 million to victims of violent crime.2 However, most of the costs of crime are absorbed by the victims and victim service providers.

Restitution laws are designed to shift the burden. As one legislature noted, “It is the purpose of to encourage the compensation of victims by the person most responsible for the loss incurred by the victim, the offender.”3

Direct link: http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin6/1.html


...and:

...Although most restitution laws apply to crime victims in general, many states have enacted specific directives to order restitution to victims of particular offenses, such as crimes against the elderly,12 domestic violence,13 sexual assault,14 hate crimes,15 child abuse,16 child sexual abuse,17 drunk driving,18 and identity fraud.19

Direct Link: http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin6/2.html


...and:

Losses for Which Restitution May Be Ordered

Restitution may be ordered to cover numerous crime-related expenses incurred by a victim. Typically, statutes specify that the following may be included in setting the restitution amount:

* Medical expenses.
* Lost wages.
* Counseling expenses.
* Lost or damaged property.
* Funeral expenses.
* Other direct out-of-pocket expenses.

Direct Link: http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin6/2.html


It's not a perfect system, as this report notes. But even under the Bush-Cheney administration (which updated this web document in March of this year) the DOJ recognizes the value of restitution laws as part of the overall effort to broadly enact justice when a crime has been committed. I think the argument has been made -- convincingly -- that hate crimes laws can be a valuable part of that effort as well.

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