Victims of Crime
| Author | Jeffrey Lehman, Shirelle Phelps |
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Until the 1970s victims of crimes were often forgotten by the criminal justice system. As a result, victims sometimes came to believe that they had fewer rights than the criminals who had injured them. 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 1970s with the establishment of victim compensation funds. Not until the 1980s, however, did a national movement for "victims' rights" spark wholesale changes in the criminal justice system.
Victims have always had the right to sue for money damages a person who injures them during
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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.
During the 1970s 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.
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...
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