CJUS 4650 1st Edition Lecture 24 Outline of Last Lecture I. Victims of Workplace ViolenceII. Victims of Bias/Hate CrimesIII. Officer ViolenceIV. RestitutionOutline of Current Lecture V. Restitution by VictimVI. Civil Court ProcessVII. 3rd Party LawsuitsVIII.Victim Compensation ProgramsCurrent LectureRestitution by Offender- Medical and counseling costs- Replacement of property- Lost wages due to injuries- Other direct costs- Funeral expendituresPurposes of Restitution- Repay Victims- Rehabilitate Offenders- Reconciliation- Means of Punishingo First priority is to incarcerate to repay debt to society.o Second is to make efforts to repay victim.o Incarceration and restitution not compatibleRestitution by Offender- Economic Realities- Evaluation of Restitution Programs:o Victim-oriented—make victims wholeThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Offender-oriented—rehabilitateo System-oriented—reduces costs of incarceration- No consensus on how to evaluateImposition of Restitution- Ordered in small proportion of violent crimes:o Murder 13%o Rape and Sexual Assault 18%o Aggravated Assault 18%o Higher for Property Crimes Burglaries 27% Fraud 29%Civil Court Remedies- Victims can pursue offenders in civil courto Tort Law—private wrongso Plaintiff—victimso Compensatory Damages— Meant to compensate for actual losseso Punitive Damages— Additional sanctions meant to punish the offendero Pecuniary Damages– to cover lost income Civil Court Process- Plaintiff files complaint (pleadings), noting jurisdictional issues and causes for action- Summons served to defendant and must respond within 30 days- Discovery process- If the suit results from a crime, the civil suit usually occurs after a criminal trial- Preponderance of Evidence—51%- Challengeso Takes years to repayo Victim may counter-sue for harassmento Good attorneys more important than factso Most criminals do not have resources to pay a judgment ordered in civil court3rd Party Lawsuits- Suing Businesso Suits never accuse the defendant of intentionally harming the plaintiffo Gross Negligence created opportunityo Did not act to prevent foreseeable crime Disregarded complaints Did not post warnings- Almost half of 3rd party lawsuits brought by rape victims.Collecting Insurance Reimbursements- Most insurance policies reimburse victims:o Life Insuranceo Home Owners Insuranceo Disability Insuranceo Auto Insuranceo Lost Wages Insurance—Workman’s CompVictim Compensation Programs- Government programs for social problemso “New Frontier” and “Great Society”o Rationales: Shared Risk Rationale Government Liability Rationale Social Welfare Approach Social Justice Political
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