Counseling Chapter 12 Irm Repaying Victims From Crime Victims Introduction Victimology Andrew Karmen Learning

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IRM 12-1

Chapter 12: Repaying Victims

from Crime Victims: An Introduction to Victimology, 10e by Andrew Karmen

LEARNING OBJECTIVES

Upon completing this chapter, the student should be able to:

L02. Describe the different types of restitution.

L04. Summarize the arguments in favor or and in opposition to state-run compensation funds.

L06. Identify the advantages and limitations of insurance coverage as a means of reimbursement.

L07. Summarize the arguments in favor of and in opposition to enforcing notoriety-for-profit laws.

LESSON PLAN

Correlated to PowerPoints

I. The Costs of Victimization [Learning Objective 1]

A. Social costs of crime-related expenditures can be intangible.

2. Mental illness, post-traumatic stress disorder (PTSD)

3. Alcohol and drug abuse

B. Social costs of crime-related expenditures can be tangible.

1. Economic losses of cash and property

3. Medical costs

5. Every murder costs society about $3.5 million

Class Discussion/Activity

Why does the old adage “It’s only money” do a serious disservice to victims of crime?

II. Gaining Restitution from Offenders [Learning Objective 2]

A. Back to Basics

1. Restitution occurs when offenders repay victims.

2. Fairness demands that victims are made (financially) whole again.

3. In one-third of states, judges must require restitution.

4. Restitution is favored by reformers who do not believe imprisonment is

necessary.

Class Discussion/Activity

Are restitution and imprisonment mutually exclusive? Explain your reasoning.

B. The Rise, Fall, and Rediscovery of Restitution

1. As governments developed, retaliatory justice gave way to compulsory

2. From biblical times to colonial America, offenders had to repay more than they

stole.

3. In colonial America, wealthy victims could hire sheriffs and prosecutors.

4. Following the American Revolution, crimes were redefined as acts against the

5. Modern rediscovery of restitution began in 1967.

See Assignments 1 and 2

C. Divergent Goals, Clashing Philosophies [Learning Objective 3]

1. Restitution as a means of repaying victims

a. Without it, the only satisfaction the system provides is revenge.

2. Restitution as a means of rehabilitating offenders

a. It leads offenders to understand personal responsibilities and social

3. Restitution as a means of reconciling offenders and their victims

a. Fair and constructive restitution leads to peaceful settlements.

4. Restitution as a means of punishing offenders

a. It is also an additional means of punishment and deterrence.

i. Convicts should be incarcerated to pay debt to society.

b. It tends to delay reimbursement (due to poorly paid prison labor).

Media Tool

Gran Torino

-A feature film about the relationship that develops between an older Polish-American man and the young Hmong

man who attempts to steal the Polish-American man’s car

IRM 12-3

-Discussion: What forms of creative restitution were shown in the movie? How did restitution efforts affect both

men? How did their efforts affect the community as a whole? Do you think these kinds of efforts could be used in real-world

settings? Explain your reasoning.

Class Discussion/Activity

In your opinion, what is the most important goal of restitution? Does the goal vary depending on the crime committed?

Explain your reasoning.

D. Opportunities to Make Restitution

1. Figure 12.1 shows how restitution could be used throughout the criminal justice

process.

a. When a suspect is apprehended, an informal arrangement could be made

between the offender and victim.

2. Figure 12.2 shows why funneling or shrinkage results in only a few victims

receiving only partial restitution.

a. Many incidents go unreported

b. Low clearance rates for property crimes

E. Obstacles Undermining Restitution

1. Ex-offenders tend to earn low wages and must pay other expenses.

2. When indigent offenders hand over money to affluent victims, restitution smacks

of exploitation.

4. Typical participants in restitution programs are white, middle-class, and first-

5. Restitution in action

a. Restitution should routinely be a part of the sentence whether via plea

2006.

i. In general, judges are not imposing restitution obligations.

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ii. Rates are disappointingly low

d. Judges fail to impose restitution for three reasons.

i. Victims did not request it.

ii. Victims failed to document their losses.

iii. Victims were unable to calculate their exact expenses.

e. In 23 states, judges take into account an offender’s ability to pay.

f. State laws differ in who gets paid off first.

g. To improve chances of restitution:

i. Notification laws could be strengthened.

ii. Prosecutors could routinely request it.

See Assignment 3

What If Scenario

Assume that you are responsible for collecting restitution payments from offenders in your city. Your department wants to

create a collection system much like that is used for credit card debts. With your class, discuss the benefits and drawbacks of

this approach.

Class Discussion/Activity

With your class, create a list of creative ways to collect funds on a large scale to reimburse crime victims. Once complete,

discuss the legal ramifications of each idea.

III. Winning Judgments in Civil Court [Learning Objective 5]

A. The Revival of Interest in Civil Lawsuits

1. Injured parties seeking financial redress are directed to civil court.

3. Most offenders who commit violent crimes are indigent or have modest incomes.

B. The Litigation Process

1. Awards for compensatory damages and pecuniary damages are supposed to

2. In civil court, victims and their families can sue offenders for certain intentional

torts.

a. Wrongful death

b. Battery

c. Trespass

3. Civil actions

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i. Jurisdictional issues

ii. Causes of action

iii. Request for relief

b. The victim’s attorney brings the complaint to court and pays a fee.

c. A deputy sheriff or process server hand delivers the document to the

defendant (first party) along with a summons.

d. The accused either admits to or contests the charges.

e. To prepare for trial, both parties engage in the discovery process.

f. Typical outcome is a negotiated plea agreement.

4. Civil trials include the following:

a. Opening statements

5. Litigation in civil court typically follows adjudication in criminal court.

a. In most states, the statute of limitations is two years.

6. Possibilities and pitfalls

a. Civil lawsuits are uncommon because most victims think costs outweigh

benefits.

b. Benefits for victims are as follows:

i. Control and empowerment

ii. Choose their own attorneys and courtroom strategies

iii. Full reimbursement, plus damages (through attached assets or

garnished wages)

c. Drawbacks for victims are as follows:

i. Entire case is fought at their expense.

ii. Their lives are put on hold throughout the litigation process.

iii. Intense emotions cause suffering.

iv. Backlogs and delays cause suits to drag on for years.

What If Scenario

Assume that you are tasked with revamping the civil court system. What is the first—and most important—change you

would make to protect victims? Discuss your reasoning with your classmates.

IRM 12-6

C. Collecting Damages from Third Parties

1. Some civil suits allege that a third party is to blame for victims’ misfortunes.

2. Two types of third-party liability suits, aimed at the following:

3. Suing private enterprises

a. Established new definitions of corporate responsibility and financial

liability

b. Plaintiffs can win if they can prove that the third party did not take

sufficient action to prevent a reasonably foreseeable crime

i. Defendant chronically disregarded complaints

ii. Chose not to rectify conditions

c. Widely used means of recovery for survivors or families of victims of

4. Suing governmental bodies

a. This is less common than suits against private enterprises.

b. Official inaction or incompetence facilitated the crime.

c. Governments in a few states have sovereign immunity.

d. Claims against the police include the following:

i. Nonfeasance

ii. Malfeasance

e. Claims due to injuries caused by prisoners include the following:

i. Wrongful escape

iii. Therapeutic providers may become defensive and adopt more

conservative practices.

–A Washington Post article about Michigan State University’s (MSU) $500 million settlement with 332 gymnasts

–Discussion: Why was Michigan State, a third party, responsible for the victims’ plight? Why do some consider the

settlement controversial? How will this settlement affect current and future MSU students and faculty?

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IV. Achieving Reimbursements from Insurance Companies [Learning Objective 6]

A. Crime Insurance

1. Payouts require that a formal complaint is filed with the police.

2. Drawbacks include the following:

a. A potential target must have purchased the policy in advance of the

3. Life insurance policies may have a double indemnity clause that pays out

double benefits if the policyholder dies due to an accident or a crime.

B. Patterns of Loss, Recovery, and Reimbursement

1. NCVS data confirm the following:

a. Some types of insurance coverage are more common than others.

i. More people have medical insurance than property insurance.

2. Studies concerning the effectiveness of insurance reimbursements for burglaries

are rare.

4. Those most likely to recover medical expenses after violent crimes include the

following:

See Assignment 4

V. Recovering Losses through Victim Compensation Programs [Learning Objective 4]

A. The History of Victim Compensation by Governments

1. Government compensation began with the Babylonian Code for Hammurabi,

2. Prison reform sparked an interest in state-funded compensation in the late 1950s

in Great Britain.

3. New Zealand offers a universal accident insurance program.

B. The Debate over Compensation in the United States

1. Support for state-funded compensation began in the late 1950s and grew during

2. In 1965, Congress debated state compensation programs; advocates argued the

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b. Government-liability rationale—social contract makes the state liable

3. Critics argued over the practice of state-funded compensation.

a. Spread governmental paternalism and creeping socialism

b. Undermined virtues of individualism, personal responsibility, self-

reliance, independence, and calculated risk taking

4. In 1984, Congress passed Victims of Crime Act (VOCA).

a. Established a fund in the U.S. Treasury

b. Subsidizes state compensation funds

c. Aids victims of federal crimes

C. How Programs Operate: Similarities and Differences

1. Certain requirements are the same in each state.

a. Victims must be innocent to be reimbursed.

b. Programs deal with only the most serious crimes that result in physical

injury, psychological trauma, or death.

i. No reimbursements for property loss

2. State programs differ in many ways.

a. How long people can wait to report crimes or apply for reimbursement?

b. How much claimants can collect?

i. Before the 1980s, must pass a means test

c. Who is eligible to collect—mostly children and spouses?

i. First responders are often ineligible due to workers

compensation

ii. Prison inmates, ex-convicts, organized crime excluded

d. Where the money comes from?

i. General revenues (taxpayers)

ii. Penalty assessments

D. Monitoring and Evaluating Compensation Programs

1. Effective evaluations require clearly stated goals.

a. Mass shootings overwhelm compensation programs.

b. Crowd-sourcing supplements inadequate funds.

2. Process evaluations: Uncovering how programs actually work

a. Process evaluations focus on internal operations and monitor

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ii. Most were victims of physical assaults, sexual assaults, and child

abuse.

c. Evaluations of state-funded programs from the 1980s to the 1990s show

the following:

i. Two-thirds of applicants were granted aid.

d. Storefront offices in high-crime areas are efficient and effective at

reaching the most victims.

e. Findings show that most programs are failing due to limited funds, lack

of interest on the part of justice officials, inadequate outreach efforts, and

so on.

3. Impact evaluations: Measuring the effects of programs

a. Impact evaluations compare a program’s intentions with actual

accomplishments.

b. Programs do not increase cooperation with law enforcement.

c. More research is needed about the well-being of victims turned down for

compensation—may feel more alienated from the criminal justice

system.

d. Programs may be exercises in symbolic politics—look good on paper but

are never used in reality.

e. Four problems that undermine the program effectiveness are as follows:

i. Outreach is in adequate.

4. Congress’ swift establishment of the September 11th Victim Compensation Fund

gives advocates hope that state-funded programs can still work.

See Assignment 5

What If Scenario

With your classmates, hold a debate about state-funded compensation programs. Be sure to address the general pros and

cons, where the money should come from, and who should be compensated.

VI. Confiscating Profits from Notorious Criminals [Learning Objective 7]

A. Trying to Make Sure That Crime Doesn’t Pay

1. “Son of Sam” laws prevent offenders from profiting on their notoriety.

a. All profits from crime retellings are to be turned over to the government

2. Notoriety-for-profit laws are mostly symbolic gestures to drive home the

message that crime does not pay.

IRM 12–10

a. In 1991, the Supreme Court struck down New York’s law.

b. Other states have followed suit.

4. Rarely, victims can receive proceeds from “murderabilia.”

What If Scenario

With your classmates, hold a debate about “Son of Sam” laws. Are they necessary to aid victims or do they violent the right

to free speech? Then, hold a similar debate about whether murderabilia sales should be permitted or outlawed.

Media Tool

“Murderabilia: Inside the Weird Online Market for Serial Killer Artifacts” (https://theweek.com/articles/662522/murderabilia-inside-weird-

those profits? What affect does this kind of activity have on victims?

LECTURE NOTES

The social costs of crime-related expenditures are staggering, according to economists’ estimates. Victims

sustain economic losses whenever offenders take cash or valuables; steal, vandalize, or destroy property;

or inflict injuries that require medical attention and recuperation that interferes with work. Theft and fraud

bring about the direct transfer of wealth from victims to criminals. Nonfatal wounds may necessitate

expenses for medical care and, in the case of serious injury, treatment of emotional or psychological

suffering. Murders mean lives are terminated prematurely, resulting in lost earnings.

Restitution takes place whenever injured parties are paid by the individuals who are directly responsible

for their losses. Offenders might return stolen goods to their rightful owners, hand over equivalent

amounts of money to cover out-of-pocket expenses, or perform direct personal services to those they have

items, damages, medical bills, lost wages, and so on. Without this reimbursement, the only satisfaction

victims receive from the criminal justice process is revenge. The second goal is to rehabilitate offenders.

Requiring restitution leads offenders to understand their personal responsibilities and social obligation

and to develop a sense of accomplishment, self-respect, and marketable skills. The third goal is to

reconcile offenders and their victims. Fair and constructive restitution can lead to peaceful settlements of

painful, criminal matters. The fourth and final goal of restitution is to punish offenders by requiring their

strenuous efforts to repay the individuals they harmed.

A growing number of victims are no longer content to simply let prosecutors handle their cases in

criminal court, especially if convictions are not secured. They have discovered that they can go after their

IRM 12–11

alleged wrongdoers and pursue their best interests in a different arena, via a lawsuit in civil court. There

they launch lawsuits designed to remedy torts—private wrongs—arising from violations of criminal law.

Under tort law, plaintiffs can sue defendants and win judgments for punitive damages as well as

compensatory damages.

victims receive little, if any, of the financial redress they were awarded.

Private insurance companies are third parties that can quickly and routinely provide reimbursement for

losses to their policyholders. The positive aspect is that a prudent policyholder can be repaid without too

many complications. The drawbacks are a prudent target must have the foresight to purchase protection in

advance; a company must be willing to issue a policy; the premiums for the coverage must be affordable;

comprehensive social insurance system (a shared-risk rationale); the implied social contract makes the

government liable for damages incurred from crime (a government-liability rationale); the state has a

humanitarian responsibility to assist victims like all other needy groups (a social-welfare approach);

social systems generate the crime affecting victims (a social-justice rationale); society tends to its

offenders while ignoring its victims; and it will encourage more victims to report and prosecute crimes.

IRM 12–12

In 1977, state began passing “Son of Sam” laws, which sought to prevent offenders from profiting on

KEY TERMS

abuse of discretionary authority: When a person, acting in an official capacity, takes unfair advantage

of an ability to make choices and thereby violates the rights of victims or offenders.

attached: To seize earnings and hand them over to victims as the part of a restitution obligation.

battery: In both criminal and tort law, an unlawful use of force intended to be offensive or harmful to the

recipient.

causes of action: In civil lawsuits, the allegation that the arm suffered by the plaintiff (victim) was a

direct and proximate result of the defender’s behavior.

community service: An alternative sentence that compels offenders to pay back society as a whole,

rather than the specific individuals they directly harmed, by performing useful labor.

compensatory damages: A judgment won in civil court in which a plaintiff (victim) is to be repaid by a

defendant for the injuries and losses sustained during a crime.

composition: An ancient practice in which the payment of money or goods to a victim by an offender’s

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discovery: In a civil lawsuit, a process in which each side demands information and answers from the

other before the trial.

double indemnity clause: A provision in a life insurance policy that pledges a payment of twice the

normal amount if the covered individual dies accidentally or is murdered.

adjudication process.

garnish: To seize a portion of a wrongdoer’s earnings and give it to the victim as restitution.

government-liability rationale: A belief that the state is obligated to pay compensation to violent crime

victims because it prohibits law-abiding citizens from going around armed.

interrogatories: A set of written questions that must be answered as part of a lawsuit.

pain and suffering: A basis for seeking a judgment in civil lawsuits; an attempt to determine an

appropriate amount of monetary compensation for the emotional damage, as well as from the physical

injuries, endured by a plaintiff due to the defendant’s criminal behavior.

pecuniary damages: A basis for civil lawsuits that focuses on financial harm.

penalty assessments: A mechanism that enables state governments to raise money to pay for

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plaintiff: A person who feels victimized and files a lawsuit in civil court against a defendant or a

negligent third party.

pleading: A formal argument about claims and defenses put forward by both parties in a civil suit.

preponderance of the evidence: The burden of proof in civil proceedings in which the side that presents

inability to eradicate the social roots of crime that predictably result in outbreaks of violence.

social-welfare approach: A justification for compensating innocent victims of violent crimes because the

government has a humanitarian obligation to provide a safety net to help needy and disadvantaged

persons who are suffering from devastating criminal acts.

sovereign immunity: The protection of certain government officials such as judges or members of a

torts: Ways individuals can suffer harm that can be redressed in civil court through monetary judgments.

trespass: In criminal and civil law, an intentional invasion of another person’s space or land.

wrongful death: The basis of a civil lawsuit by the family of a murder victim.

wrongful escape: The basis of a civil lawsuit by a plaintiff (victim) that alleges gross negligence on the

part of a third party in a department of corrections considered responsible for the harm caused by an

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wrongful release: The basis of a civil lawsuit by a plaintiff (victim) against a third party in a department

of corrections considered grossly negligent for improperly allowing a dangerous inmate to leave

confinement.

ASSIGNMENTS

1. Conduct a survey at your college or university inquiring about whether the respondents had been

victims of a crime and whether they received any compensation for their losses. Ask them to estimate

their expenses, compensation, and the length of the process. Ask them to provide a short description

2. Develop a creative restitution program that would place thieves and burglars in a living-wage job, so

they could repay their victims within a reasonable amount of time. Be sure to address as many

3. Locate two news articles that describe white-collar crimes wherein restitution was required. Write a

4. Do some research on your own insurance company. What type of insurance would you need in order

to be compensated for auto theft, burglary, robbery, and violent crime? Does the benefit of this

5. Using the Internet, research the state-run compensation program in your hometown. Provide a one-