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Victim Compensation/Restitution

Restorative justice underscores the need for victims' harms to be repaired to the extent possible. Compensation and restitution are two ways this may be done.

Smit, J.. "The Role of Probation in Restitution Procedures."
This article discusses the role of probation in restitution procedures. The author firsts outlines briefly the Dutch context of the probation services. Secondly, the significance of compensation and restitution are considered from a theoretical frame of reference of social order,. Third, the results of an investigation among probation officers aimed at identifying their contribution in these procedures are presented. Finally, an attempt is made to picture the future role of probation.
Peachey, D.E.. "Restitution, Reconciliation, Retribution: Identifying the Forms of Justice People Desire."
Victims variously experience justice as retribution, restitution, compensation, reconciliation, or forgiveness. Such understandings of justice play a critical role in determining whether a crime situation will be appropriate for victim-offender reconciliation. A victimís orientation toward a given form of justice will be influenced by the type of harm done, characteristics of the offender, and the nature of any relationship between victim and offender.
Dünkel, Frieder. "Victim Compensation and Offender Restitution in the Federal Republic of Germany : A Western European Comparative Perspective."
The German Victim Compensation Act of 1976 provides compensation for violent acts with periodic payments, while most of the other West European countries grant lump sums from a special compensation fund. The German legislation has given the victim a relatively weak position. Other problems are discussed. A balancing of the victim-offender interests seems important for criminal policy. An extension of victim compensation is necessary as is the wider application of restitutional sanctions, instead of or combined with penal sanctions. Help for victims should also include social and psychological assistance programs.
. Looking a gift horse in the mouth -- The underutilization of crime victim compensation funds by domestic violence victims.
This article seeks to identify and explore the underlying theories behind CVC funds and the barriers preventing domestic violence victims from utilizing them.18 The primary goal of CVC funds should be to assist crime victims. Refocusing on this goal of assisting victims would ultimately benefit victims of domestic violence as well. First, the need for CVC funds by domestic violence victims is great because, oftentimes, other resources are inadequate. In the face of such substantial need, the goal of CVC funds must be victim assistance. Second, eligibility requirements that do not advance the primary goal of victim assistance should be dismantled. Specifically, requirements that a victim cooperate with law enforcement and not have a criminal record or "negative social history" can be problematic in domestic violence cases. Finally, victim assistance should be the primary goal because it fulfills the moral obligation society has towards all crime victims.(excerpt)
. Offender and state compensation for victims of crime: Two decades of development and change.
This article comprises an overview of the principal normative and operational issues that arise in both common and civil law states’ arrangements for the compensation and reparation of victims of crime. Balancing what are inevitably generalized statements about jurisdictions within federal common law countries and within the European Union, the article illustrates these issues with details drawn from the civil and criminal justice systems of England and Wales. The article begins with some general observations about the ways in which compensation and reparation by offenders and compensation by the state form elements in a state’s overall objectives for victims within its criminal justice system, and addresses the question of what we might understand by ‘compensation’ in a criminal justice context, and how that sits with civil justice. For this purpose ‘compensation’ may be understood both in the compendious sense of any offender or state financial payment in respect of a victim’s loss or injury or of the offender’s direct or indirect restoration of stolen or damaged property, and in its discrete sense of a purely monetary response distinct from the non-monetary responses that characterize ‘reparation’ - responses now widely associated with restorative justice. The article provides some detail on compensation and reparation by offenders as forms of criminal justice disposals, and on the scope and the functions of state compensation schemes. (author's abstract)

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