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.
- European Commission's Victims' Package: Consultation on taking action on rights, support and protection of victims of crime and violence
- from the European Commission's Freedom, Security and Justice area: The Commission intends to adopt a package of measures, including a Directive on minimum standards for victims of crime, in the first half of 2011 in particular to replace the 2001 Framework Decision on the standing of victims. This consultation gives stakeholders the opportunity to present their views about which concrete actions could be developed at EU level that would bring real added value. It will also give the Commission an insight into concrete experiences of those working with victims of crime, particularly regarding the difficulties they encounter when assisting victims and the problems faced by those victims. The Commission is looking in particular for reliable data, factual information and specific real-life examples, regarding both problems and solutions.
- Can you work for the victim and the offender?
- by Lisa Rea I had two things happen to me recently that gave me pause. It is the story of two people. One is the story of a crime victim. The other is a story of an ex-offender. The crime victim lost her husband to murder years ago in California. I've known this woman largely via email for many years as we both have worked for justice reform. This victim worked for an organization in California that often took positions regarding prison and sentencing policies than have not been positions I could support as an advocate of restorative justice. But regardless, she and I have been "friends". In time, I believe she saw me as a supporter of crime victims, something that I have worked hard to be. She was a good person and a nice human being.
- Clergy sexual abuse: A cry for restorative justice
- by Lisa Rea: At this hour, I would guess that some around the world are weary of the news stories of abuse that have rocked the Catholic Church in recent weeks. But to me, it's a reminder of how far we have to go to heal the injuries suffered by the victims (survivors) of abuse.
- Submission of Victims' Rights
- A response prepared by the Restorative Justice Centre at AUT University in New Zealand to the Ministry of Justice's discussion document, "A Focus on Victims of Crime: A Review of Victims' Rights."
- Restorative Justice Centre's submission to Ministry of Justice on victims' rights
- The Restorative Justice Centre at AUT University in New Zealand has responded to a discussion draft titled "A Focus on Victims of Crime: A Review of Victims' Rights" on how the government might better address the needs of crime victims. Following are excerpts from RJC's response: 9. The central justice needs of victims are submitted to be accountability, vindication, empowerment, information, truth-telling and future safety. Only the first and last of these are addressed (to some degree) by the current legal process, and then only when the offender is convicted. Thus in crimes that go largely unreported, such as sexual offences, there can be no feeling of accountability in the absence of alternative processes, and victims remain unsafe. 10. The remaining four central justice needs are those which Dr Howard Zehr, known to and used by MoJ as a consultant in restorative justice, has said are “especially neglected”. They are next mentioned separately. However they overlap with needs identified by other writers.
- "Belinda's Petition" a perfect primer on the subject of reparations
- from Mike Barber's entry on The Huffington Post: Only 65 pages in length, Belinda's Petition is exactly what it describes itself to be: a concise overview of the long history of struggle to repair the damage wrought by the transatlantic slave trade, making it a perfect primer on the subject of reparations. Winbush begins with the story of the first formal record of a petition for reparations made in the US, which was made in Massachusetts in 1783 by an ex-slave known only as "Belinda". Belinda, who was about 70 years old at this time and had been kidnapped from her home in Ghana before her 12th birthday, petitioned the Massachusetts legislature for the years of unpaid labour for her former slave master. Belinda argued that Isaac Royall--who had since escaped to Nova Scotia--profited from her labour, which entitled her to lay claim to his estate. She won and was granted £15,12 shillings per year payable from the Royall family estate. From there, Belinda's Petition moves through the different epochs of the reparations movement from the early 15th Century to the present. By correcting misconceptions and exposing myths about the reparations movement, Winbush shines a light on what is arguably the greatest crime against humanity to date.
- Dalo justice for farmers in Fiji
- from the Fiji Times Online: People sent to jail for stealing dalo are being made to plant five times the amount they stole as part of their rehabilitation. And the dalo is planted in the farms where the crimes took place. The program by the Fiji Prisons and Corrections Service started in Taveuni where dalo thefts have been frequent. This new initiative is called "Restorative Justice for Dalo Thieves on Taveuni"
- Internally displaced people in Colombia: Victims in permanent transition
- by Dan Van Ness I have just received a copy of a research study on the peace negotiations in Colombia: Internally displaced people in Colombia: Victims in permanent transition: Ethical and political dilemmas of reparative justice in the midst of internal armed conflict by Sandro Jiménez Ocampo, et al. From 2004 to 2007, the Colombian Government conducted peace negotiations with paramilitary groups. One of the issues negotiated had to do with the claims of people who had been killed or forcibly displace from their land, lands that were held by the combatants when the negotiations began. Forced displacement and deaths continued during the course of the negotiations, creating new claims. While reparation to victims was supposed to be a prominent outcome to the negotiations, the difficulties of negotiating peace in the course of a violent conflict together with the absence of the victims of displacement from the negotiation meant that there were claims of serious inadequacies with the results.
- Lisa Rea interviews Stephen Watt
- by Lisa Rea: The following interview is with Stephen Watt, a former Wyoming state trooper and two term state legislator who was shot multiple times by a fleeing bank robber. Lisa Rea's interview focuses on how the impact of a severely violent crime continues 20 years later. Mr. Watt has met with the offender, forgiven him and a friendly relationship has grown up between them. Nevertheless, he continues to suffer. Can restorative justice open doors for further healing in a victim of violent crime who is suffering continuing, severe trauma?
- Victims abused then denied care: 8 states allow practice
- by Lisa Rea After reading the news story on MSNBC I was astounded. The story tells of the denial of health care insurance to victims of domestic violence in the U.S. This apparently has been going on for quite a while in the U.S. but most of us probably never heard about this appalling fact. As the story reads, a 1994 survey conducted by the U.S. Senate Judiciary Committee found that 8 of 16 U.S. insurers denied coverage to applicants due to domestic violence. You'd think maybe we were talking about the offender (i.e. the abuser) being denied coverage but, no, we're talking about the victim of domestic violence. In the U.S. health insurance companies can deny coverage without explaining why that coverage is being denied.
- Dark charges from Mahony's inner circle
- by Lisa Rea. When I read this column on the clergy abuse scandal written by Steve Lopez in the Los Angeles Times it was like getting an immediate migraine headache. I have followed the sex abuse scandals in the Catholic Church closely since the first public eruption in 2000/2001. I know I'm not alone. But my interest led me to speak out on this subject publicly because of my deep commitment to restorative justice and its great value to victims of crime and offenders as well. But my passion to do more than speak about it privately to my own circle of friends and family was because this subject mixes abuse of children with faith. Since I am a committed Christian these news stories have appalled me deeply. It has offended me as a Christian. And then there are the victims.
- Dan Van Ness: New Hampshire legislature adopts important new victim rights bills
- The New Hampshire legislature has created a victim’s right to access to restorative justice programs, provided for compensation to victims of costs related to that participation, and ensured that these are not restricted to victims whose position on sentencing is the same as the prosecutors’.
- Workman, Kim. The Future of Restorative Justice – Control, Co-option, and Co-operation
- This paper explores the history of restorative justice in New Zealand and lays out a course for the future.
- Ludi, Regula. Historical Reflections on Holocaust Reparations: Unfinished Business or an Example for Other Reparations Campaigns?
- "...For an overall assessment, we cannot judge Holocaust reparations simply according to the amount of money transferred to survivors. We also need to look at the winding road taken by reparations' politics since the end of the Second World War. What were the purpose and rationale of reparations? Who were the beneficiaries of restitution and compensation mechanism, and for what types of abuses did claimants receive redress? Who financed compensation payments, and did such payments entail acknowledgement of legal responsibility by the State? I shall try to find answers to these questions by addressing four dimensions of the Holocaust reparations: First I shall discuss the emergence of victim reparations in the context of international law in the course of the post-ware 'Juridical Revolution,' the bundle of legal responses to Nazi atrocities. The second and third aspects to be examined relate to German diplomatic and domestic policies in response to victims' claims, including lump-sum payments to Israel and various European countries as well as domestic legislation regarding property restitution, compensation payments for the violation of basic rights and the repeal of abusive judgements. Finally the fourth issue concerns recognition of victimhood and allocation of benefits in compensation practice." (abstract)
- Justice Fellowship Task Force. Restitution: A Model Enactment of Restorative Justice
- This document presents model legislation to establish restitution in a form that brings restorative justice principles to State criminal justice systems. The legislation features mandatory full compensation to all the victims, a comprehensive collection mechanism with enforceable sanctions to obtain payment from the time of sentencing until the obligation is satisfied, and integration with the corrections process to effect a personal change in the offender. The provisions define the policy and legislative intent, define the operative terms, explain the meaning and imposition of restitution in sentencing, and define the mechanisms for collecting the restitution. Further provisions define sanctions to make the law effective; funding provisions to relieve the economic burden on the taxpayers; accountability through legislative reporting, fiscal audits, and administrative reviews; and the specific rights of recourse for the crime victims. The model is defined to provide a detailed framework on which each State may develop legislation to address the specific deficiencies in their existing laws.
- Harel, Alon and Ben-Shahar, Omri. Compensation of victims of crime: An economic analysis.
- In recent decades, efforts have been made to recognize the rights and needs of victims in the criminal justice process. One way to address the rights and needs of victims is compensation. In certain instances, laws provide for financial redress of loss suffered by a victim, either through state-funded compensation or through restitution paid by the offender. The authors of this paper analyze the financial effects of compensation schemes. They maintain that compensation schemes are socially desirable because they could reduce the social cost of crime. The social cost of crime consists not only of losses experienced by actual victims, but also the considerable amounts spent on crime-prevention measures by those who are only potential victims. The authors contend that compensation schemes could reduce investment in crime-prevention measures by giving people a reasonable expectation of being compensated should they someday experience loss due to crime.
- Weitekamp, Elmar G. M. Calculating the damage to be restored: Lessons from the national survey of crime severity
- Weitekamp surveys key points in the history of compensation in response to offenses: its prevalence in earlier societies; its eclipse in the modern era; the emergence of restorative justice in the 1970s and efforts to reintroduce restitution, victim-offender reconciliation and other restorative programs; difficulties and shortcomings in the implementation of such programs; and yet attempts to apply such programs to more problematic criminal offenses. Serious objections have been raised against this potential extension of restorative justice programs. One key argument is the difficulty in reckoning the amount of damage and consequently the amount of compensation with respect to serious, violent offenses. Therefore, the viability of applying restorative justice programs to serious, violent offenses is a crucial issue. Yet crime severity studies have not been discussed in this context. Hence, Weitekamp provides a detailed discussion of the development and results of crime severity studies, with particular reference to the Sellin-Wolfgang Index for scaling the severity of offenses. From this Weitekamp advances the idea that the National Survey of Crime Severity (United States) resulted in monetary rankings of the severity of crimes, and that these results could be used to establish restorative programs (such as restitution, and victim-offender mediation) for violent crimes.
- Thorvaldson, S. "Restitution and Victim Participation in Sentencing: A Comparison of Two Models."
- This essay compares civil restitution and "criminal restitution. Comparisons are made on 30 variables, including: the nature and legal status of the victim; the primary justifying aims, status and priority of restitution; compensable harms and the way harm is assessed; eligible cases, procedural standards and limiting principles; the relationships between restitution and other compensatory procedures such as civil action, the combined trial, public compensation programs, and victim surtaxes; the victim's duties and rights; the role of the prosecutor and the status of victims' private counsel.
- 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.





