In fact, many applicants are turned down because they fail to satisfy the documentation requirements.
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As far as the social insurance perspective goes, others say there is no reason why relatively safe suburban taxpayers should have to subsidize a compensation programme predominantly catering to victims of poor, urban areas.
In addition, some victims became so alienated from the criminal justice process that prosecutors had difficulty persuading them to testify at trial. This environment began to change in the s with the establishment of victim compensation funds. Not until the s, however, did a national movement for "victims' rights" spark wholesale changes in the criminal justice system.
Right to Sue Victims have always had the right to sue for money damages a person who injures them during a criminal act. For most crime victims, however, this solution has generally not proved practical because victims frequently do not know who committed the crime against them and the criminals are not always apprehended.
Even when a criminal is available to be sued, the victim may not have adequate funds to pay for a lawsuit, or the criminal may have no money to pay damages if the victim is successful. Victim Compensation Laws During the s many states enacted victim compensation statutes, which authorize payment of money from the public treasury to crime victims so that they are not forced to bear the full burden of the crime.
Although compensation can be provided for lost earnings, medical expenses, and the replacement of missing property, the majority of plans do not replace every dollar lost. Most compensation plans provide benefits only to victims who have low income or few resources, although some plans allow anyone who is an innocent victim or did not contribute to the cause of her injuries to receive benefits.
Some plans pay benefits only to victims who are physically injured or to the families of victims who are killed. An individual who wishes to apply for crime victim compensation must do so promptly after the injury. Ordinarily, this is done by filling out a form provided by the state official or victim compensation board responsible for administering the program. States generally will not consider applications filed later than a specified period after the crime.
An Automated Victim Notification System Crime victims commonly worry about the day when an inmate convicted in their case is released from custody. Women who have been stalked and victimized by boyfriends and former spouses fear that they will return again. Only rarely is the victim promptly notified of an inmate's release. In the state of Kentucky addressed this problem by introducing the first completely automated victim notification system.
To obtain information, a person dials a toll-free number and supplies the prisoner's name or prison identification number. A computer then provides information as to where the prisoner is incarcerated, the telephone number and address of the jail or prison, the date of the inmate's next Parole hearing, and the date the sentence expires.
In addition, a person may confidentially register with the automated system and request to be notified when an inmate is released. Registered persons automatically receive a telephone call within ten minutes of an inmate's transfer or release, giving them time to take precautions. As part of a victim compensation plan, a state may take any profit a criminal makes from the crime and hold it in trust to pay victims who successfully sue the criminal.
This feature is designed to encourage victims who would ordinarily not sue because they are aware that most criminals cannot pay judgments. Under such a plan, any money paid to a convicted criminal for a book, story, or dramatization of the crime must be turned over to the state and the funds deposited into a special escrow account and held available to pay any victim who successfully sues the criminal. Forty-one states have adopted such laws, and the federal government established a similar process in the Victims of Crime Act of 18 U.
These statutes are known as "Son of Sam" laws after David Berkowitz, a New York serial killer who left a note signed "Son of Sam" at the scene of one of his crimes and was thereafter nicknamed Son of Sam by the New York press.
The first Son of Sam law N. Since the vast majority of offenders are never caught, prosecuted or convicted, and given the inadequacy of private insurance, government compensation funds then become the only means of repairing the harm left in the wake of crime Karmen, at Alleviating the financial hardships caused by crime can actually facilitate the healing process Karmen, at Some have argued that compensation is important to the healing process because it meets the victim's need for societal acknowledgment of the criminal event, and for absolution from responsibility Danieli, at But, while compensation can repair the economic harm, it has limited potential to repair the relational harms attending crime Burnside and Baker, at Among the different rationales supporting victim compensation funds Karmen, at ; Elias, at , those who advocate them as part of a comprehensive social insurance programmeme posit that, since crime could befall any of us, we all ought to share the risk.
Compensation funds, then, assure victims of crime a sort of insurance against the financial hardships attending victimization. The welfare perspective argues that government ought to protect the disadvantaged segments of society. Since most crime victimizes the poor, compensation funds provide another welfare safety net to those who need it most.
Following in the footsteps of Margery Fry's reasoning, many advocates of compensation programmemes argue that since individuals have relinquished their rights to take justice into their own hands, government then is responsible for their protection. Crime represents a failure of that responsibility, for which the government ought to compensate victims. Other advocates say that it is just a matter of social justice. Government must compensate victims to allow them to be vindicated, especially when offenders are accorded so many protections, rights and services.
However, critics of compensation programmes attack them on these very grounds Karmen, at ; Elias, at Many are opposed to increased government and taxation. Others believe that compensation could actually increase crime as offenders justify committing crimes based on the fact that the victim will be compensated by the government.
As far as the social insurance perspective goes, others say there is no reason why relatively safe suburban taxpayers should have to subsidize a compensation programme predominantly catering to victims of poor, urban areas. Of these, New Zealand absorbed its victim compensation programme into a comprehensive insurance scheme that covers any injury, accidental or otherwise. Hence, it has essentially none of the restrictions imposed in the United States Karmen, at At least 45 states in the United States have victim compensation funds Karmen, at Most states use penalties to fund their programmes.
A smaller number use taxes only, while even less use both means to fund their programmes Only New York and Maryland set no limit for the awards given; most programmes have an upper limit of several thousand dollars One author has observed that upper limits are being raised; criminal penalties are increasingly used to fund the programmes; means tests are being dropped; and coverage is being expanded for different types of crime, even non-violent crimes Expenses covered by compensation programmes include medical and psychiatric expenses, lost earnings, funeral and burial expenses, and loss of support Karmen, at However, certain basic features characterize most compensation funds, especially those run in the United States, which limit the types of victims eligible for aid Karmen, at ; Elias, at Most programmes also allow surviving dependents of such persons to recover in the event of the victim's death.
These requirements largely limit the size of the pool of eligible recipients. Some programmes also have "means" tests which prohibit recovery to those who will still be financially secure in the absence of compensation Karmen, at Some programmes deny or reduce recovery for those victims who share some of the responsibility for precipitating the crime.
Some programmes have a family-exclusion clause which does not allow victims related to the offender to receive compensation To prevent fraud and abuse of the fund, compensation programmes require extensive documentation Evaluation From the outset, victims face a huge hurdle in receiving compensation.
Only those victims who can afford attorneys are able to secure legal representation since compensation does not cover court expenses Elias, at Very small percentages of victims are actually eligible to receive reparation from victim compensation funds due to their restrictive requirements Elias, at ; Wright, at Moreover, compensation programmes, on the whole, are heavily under funded Elias, at Administrative policies seem to plague the programmes.
Definition of compensation fund: nouna fund operated by the Stock Exchange to compensate investors for losses suffered when members of the Stock.
Definition of workers' compensation: Financial support system established under law to provide income, medical care, and rehabilitation to employees for illness, injury, or death arising out of, and in the course of, their employment. Supervision of The final rule was published in Nurses with APNP by Physician April clarifying the conditions for Prescriptive as a Requirement which the physician .
If a worker dies as a result of their employment, workers' compensation also gives payments to their family members or other dependents. While the "compensation bargain" excludes the possibility of a tort of negligence being issued by employees, this is not to say that compensation is a foregone conclusion. workmen's compensation - compensation for death or injury suffered by a worker in the course of his employment reimbursement - compensation paid (to someone) for damages or losses or money already spent etc.; "he .
No federal compensation fund exists, but finally in , Congress passed a bill to finance state compensation programmemes (Karmen, at ). Definition. Compensation refers to monies paid by the government, or by another party unrelated to the offender, to the victims of crime (Van Ness and Strong, ). Definition Also called "excess recovery funds," are state-operated programs that afford excess insurance coverage for healthcare providers, including doctors, hospitals, dentists, and some allied healthcare professionals.