victims of crime

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The support needs of young victims of crime

The support needs of young victims of crime

• Professionals working in the criminal justice system should make sure that young people and their families have all the information they need about the help and support available during court cases, something which is expected under the Code of practice for victims of crime and supported by witness care units. This is certainly something that the interviewees have appreciated when it has taken place, and it can alleviate any fears or concerns that young people may have.

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Support for Victims of Crime: Reality or Rhetoric?

Support for Victims of Crime: Reality or Rhetoric?

According to Rogan (2006a), interest in the needs of victims of crime is a relatively new phenomenon. McGovern (2002) argues that prior to the development of victim centred policies there was an imbalance in the Irish criminal process. The focus on the alleged offender within the criminal justice system had pushed the victim to the sidelines (McGovern, 2002). According to Bacik, Heffernan, Brazil and Woods (2007) an increasing awareness led to victim support organisations being established, new legislation being introduced and a more victim focused approach to criminal justice reforms. Since the 1970s, victims of crime have attracted increasing political and professional attention (McGovern, 2002). This development, in the Irish criminal justice system, mirrored those in other common law jurisdictions such as the UK. This research aims to discover the reasons why Irish policies relating to victims of crime have developed in the way that they have. The goal is to unearth the networks and relationships that evolve in the policy community as recommended by Ismaili (2006). According to Ismaili (2006) the knowledge among criminologists on the criminal justice policy - making process has not yet fully evolved. He argues that in order to fully understand this process, researchers must first have a comprehension of the actors involved, for example the government, advocacy groups and the media. The Dublin Rape Crisis Centre was an early example of a victim support and advocacy group. It was set up in 1979 to support victims of sexual crimes. Victim Support, founded in 1985, was the first organisation of its kind, but has since closed. As McGovern (2002) states this organisation started out with basically no funding but developed into a huge operation. By 2002 it had 500 volunteers working in 40 centres across Ireland. As per McGovern (2002), Victim Support offered court service, support for relatives of murder victims, tourist support and a confidential, non - judgemental listening service for those in need. Since the collapse of Victim Support, the Commission for the Support of Victims of Crime, operating under the guidance of the Department of Justice and Equality, provides funding to victim support groups. It has been in operation since 2005.
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Civil Justice for Victims of Crime in California

Civil Justice for Victims of Crime in California

The California Victim Compensation Program (CalVCP) assists eligible victims of crime with actual expenses caused by the crime. CalVCP is a payer of last resort and does not cover expenses that have been covered by a third-party payer (insurance, sick leave, worker’s compensation, etc.). Although there are many caveats, generally speaking, the total award amount cannot exceed $70,000 and the categorical caps are as follows: medical expenses $70,000; outpatient mental health treatment 40 sessions; funeral and/or burial: $7,000; and crime scene clean up $1,000; and relocation in the amount of $2,000. The amount of compensation available to “derivative victims” are different. Direct victims are those who were physically injured or were children who witnessed the crime, derivative victims are for example, parents, siblings, partners of the direct victim. Applicants/victims must cooperate with law enforcement during the investigation and prosecution of the crime. Also, a victim cannot have participated in or been involved in committing the crime.
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Civil Justice for Victims of Crime in Virginia

Civil Justice for Victims of Crime in Virginia

The National Center for Victims of Crime established the National Crime Victim Bar Association (NCVBA) to facilitate civil suits by crime victims. The NCVBA offers victims free referrals to attorneys for consultation through its Attorney Referral Service. If a victim retains a lawyer who was referred to him or her by the NCVBA Attorney Referral Service and a money judgment is obtained, NCVBA will receive a portion of the attorney’s agreed upon amount – but this will not affect the amount you receive. Meaning, your portion or percentage of any award will not be different for using the NCVBA Referral Service. NCVBA’s portion, typically 20% of the awards will be strictly from the attorneys’ portion of any damages awarded. Moreover, it is important to note that attorney members of the NCVBA ARS will not charge you more using the Attorney Referral Service. Thus, whether you retain a member attorney through the Attorney Referral Service or in some other manner, the contingency percentage or hourly fee will remain the same. By contributing a portion of their fee, NCVBA attorneys help us continue our work on behalf of Victims of Crime. interrogatories must be answered in a specified amount
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Civil Justice for Victims of Crime in Missouri

Civil Justice for Victims of Crime in Missouri

The civil justice system offers victims of crime another opportunity to secure what they seek most–justice. Regardless of whether there was a successful criminal prosecution or any prosecution at all, victims can bring their claims before the court and ask to have the responsible parties held accountable. While money awarded in civil lawsuits can never fully compensate victims for the trauma of their victimizations or the loss of loved ones, it can provide valuable resources for crime victims to help rebuild their lives.

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Civil Justice for Victims of Crime in Massachusetts

Civil Justice for Victims of Crime in Massachusetts

The civil justice system offers victims of crime another opportunity to secure what they seek most–justice. Regardless of whether there was a successful criminal prosecution or any prosecution at all, victims can bring their claims before the court and ask to have the responsible parties held accountable. While money awarded in civil lawsuits can never fully compensate victims for the trauma of their victimizations or the loss of loved ones, it can provide valuable resources for crime victims to help rebuild their lives.

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Civil Justice for Victims of Crime in Georgia

Civil Justice for Victims of Crime in Georgia

The civil justice system offers victims of crime another opportunity to secure what they seek most–justice. Regardless of whether there was a successful criminal prosecution or any prosecution at all, victims can bring their claims before the court and ask to have the responsible parties held accountable. Victims and their families also need to know that it is not a requirement that a criminal prosecution be completed before filing a law suit. The statute of limitations continues to run for civil actions despite any actual or contemplated criminal case. While money awarded in civil lawsuits can never fully compensate victims for the trauma of their victimizations or the loss of loved ones, it can provide valuable resources for crime victims to help rebuild their lives.
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Civil Justice for Victims of Crime in Oklahoma

Civil Justice for Victims of Crime in Oklahoma

Both the civil and criminal justice systems have important roles in securing justice for victims of crime. These systems are not mutually exclusive, so victims do not have to choose one system over the other. Many victims choose to go through both systems. Because the criminal and civil justice systems were designed to address different needs, victims are best served when these systems work together. A significant difference between the criminal and civil court systems is that in a civil case, the victim controls essential decisions shaping the case. It is the victim who decides whether to sue, accept a settlement offer, or go to trial.
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Civil Justice for Victims of Crime in California

Civil Justice for Victims of Crime in California

The CaliforniaVictim Compensation Program (CalVCP) assists eligible victims of crime with actual expenses caused by the crime. CalVCP is a payer of last resort and does not cover expenses that have been covered by a third party payer (insurance, sick leave, worker’s compensation, etc.). The total award amount can not exceed $63,000 and the categorical caps are as follows: Medical Expenses $63,000; Mental Health Counseling up to 40 sessions; Funeral Expenses $5,000; Lost Wages/ Support up to 5 years; Crime Scene Clean-up $ 1,000; and Moving expense $2,000. Applicants/victims must cooperate with law enforcement during the investigation and prosecution of the crime. Also, a victim cannot have participated in or been involved in committing the crime. There are other eligibility requirements. For more information contact: CalVCP (800) 777-9229 P.O. Box 3036 Sacramento, CA 95812-3036 http://www.vcgcb.ca.gov/victims/
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Compensation for Victims of Crime   The Texas Approach

Compensation for Victims of Crime The Texas Approach

Compensation for Victims of Crime The Texas Approach SMU Law Review Volume 34 | Issue 2 Article 2 1980 Compensation for Victims of Crime The Texas Approach Paul M Koning Follow this and additional wor[.]

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Civil Justice for Victims of Crime in Connecticut

Civil Justice for Victims of Crime in Connecticut

The National Center for Victims of Crime established the National Crime Victim Bar Association (NCVBA) to facilitate civil suits by crime victims. The NCVBA offers victims free referrals to attorneys for consultation through its Attorney Referral Service (ARS). If a victim retains an attorney who was referred to him or her by the NCVBA ARS and a money judgment is obtained, the NCVBA will receive a portion of the attorney’s agreed upon amount. This will not affect the amount the victim receives – meaning that the victim’s portion or percentage of any award will not be different for using the NCVBA ARS. The NCVBA’s portion, typically 20% of the award, will be strictly from the attorney’s portion of production of documents must be answered in a specified
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The Rights of victims of crime in South Africa

The Rights of victims of crime in South Africa

This chapter will briefly show some of the challenges that still face the victims of crime. It will also suggest some innovations that can be used to further protect victims of crime. The treatise has indeed discussed the rights of victims and the sources of such rights. This chapter will therefore briefly explain the challenges in the Victims Charter, restorative justice programmes and suggest that the victims would be better off if there were to be a state-funded compensation scheme in South Africa. There are no convincing reasons as to why South Africa does not have such a scheme. The issue lies with the failure of the state to properly interpret “compensation” in terms of the United Nations Declarations as already discussed. Therefore, it cannot be said that the Victims Charter is compliant with the United Nations Declarations when it fails to protect the victims of crime regarding compensation.
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Exploring the impact of the Victims'  Directive on service provision for victims of crime in Ireland

Exploring the impact of the Victims' Directive on service provision for victims of crime in Ireland

The article considers the impact which the Victims’ Directive will have on service provision for victims in Ireland and the challenges which will be faced in seeking to make the objectives of the Directive a reality. The primary focus of the Directive is the provision of effective services to victims of crime ‘to ensure that [they] receive appropriate information, support and protection and are able to participate in criminal proceedings’. Unlike proposals to give participatory or procedural rights to victims, providing services such as court accompaniment or similar supports is uncontroversial. However, while these rights are not controversial in principle, ensuring that victims receive consistent and effective services throughout their engagement with the criminal justice process is not necessarily easily achieved. The article begins by discussing the expectations which the Directive creates for victims under each of its three themes; that is, information, support and protection. Within the discussion of each theme, the article will highlight shortcomings which have been experienced by Irish victims in that area in the past and consider the initial attempts which have been made to meet the Directive’s objectives with regard to that specific theme. The authors argue that although clear efforts have been made to ensure the expectations created by the Directive become a reality, Ireland still has some way to go before full compliance is achieved. The article concludes by considering some of the general, practical challenges posed when seeking to implement the level of service provision envisaged by the Directive and outlining the commitments which the state will need to make to ensure that appropriate, Directive-compliant services are provided to victims.
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Civil Justice for Victims of Crime in Alabama

Civil Justice for Victims of Crime in Alabama

Under Alabama law, a court may order a defendant who is convicted in a criminal case to financially compensate a victim through restitution for injuries as a result of the crime. The court may require the restitution to be paid by a certain date, or paid in installments over a certain period of time. The restitution payment can be made a condition of parole or probation for the perpetrator. The judgment remains until the restitution is satisfied, and the court clerk is required to notify the victim at the victim’s address of record of the status of the restitution if there is a change due to revocation of probation. In any civil action brought by a victim against the defendant for damages arising out of the offense for which the defendant was convicted, all restitution paid by the defendant to the victim will be credited against any judgment in the civil case.
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Civil Justice for Victims of Crime in Tennessee

Civil Justice for Victims of Crime in Tennessee

The maximum benefit available in Tennessee is $30,000. The benefits vary depending on the date of the crime and are based on actual expenses paid by the victim for services rendered. Payments cannot be calculated on estimates of future expenses. Benefits are reduced by any amount paid by an agency, government program or benefit or insurance. For crimes occurring after July 1, 2008 the fund only pays up to 75% of billed charges the program finds eligible. Types of expenses that may be covered are: medical and mental health expenses, lost wages, permanent total or permanent partial disability, funeral and burial expenses ($6,000 maximum), travel expenses related to travel to trial (total cumulative not to exceed $1,250), crime scene clean-up ($3,000 maximum) and pain and suffering for victims of sexually oriented crimes ONLY ($3,000 maximum). Property loss is generally not compensated except in the case of the loss of medically necessary devices such as hearing aids, eyeglasses, dental devices or prosthetic devices. In addition reimbursement for certain moving expenses may be considered when the crime occurred in the victim’s primary residence.
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Civil Justice for Victims of Crime in Texas

Civil Justice for Victims of Crime in Texas

The civil justice system does not attempt to determine the innocence or guilt of an offender. Offenders are also not put in prison. Rather, civil courts attempt to determine whether an offender and/or a third party is liable for the injuries sustained as a result of the crime. A civil court’s finding of liability usually means that the defendant must pay the victim, or the victim’s family, monetary damages. The civil justice system can provide victims with monetary resources necessary to rebuild their lives. Furthermore, the civil justice system often provides victims and their families with a sense of justice that criminal courts fail to provide. Rather than holding defendants accountable for their “crimes against the state,” the civil justice system holds defendants who are found liable directly accountable to their victims. Burden of Proof
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Civil Justice for Victims of Crime in Vermont

Civil Justice for Victims of Crime in Vermont

Under Vermont law, there is a special statute of limitations for childhood sexual abuse, victims may bring civil actions within 6 years of the act, 6 years of reaching the age of majority, 6 years of the removal of a disability, or 6 years of discovery. Vt. Stat. Ann. Tit. 12, § 522, 560 and 551. In cases involving injury to a person, injury to personal property and libel or slander cases the statute of limitations is 3 years. In cases involving fraud, the statute of limitations is 6 years. Lastly, suits for wrongful death the statute of limitations is 2 years from the time of death or the discovery of death. (Again, a qualified attorney should be consulted regarding any particular factual circumstances). Additionally, under Vermont ‘s tolling statute, Vt. Stat. Ann. Tit. 12, § 551, when a person entitled to bring an action is a minor, insane or imprisoned at the time the cause of action accrues, such person may bring such action after the disability is removed. If the person entitled to take action
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Civil Justice for Victims of Crime in Arizona

Civil Justice for Victims of Crime in Arizona

victims can often sue other responsible parties. Civil actions provide economic incentives for crime prevention. Businesses such as hotels, apartments, and shopping centers sometimes fail to enact proper security measures because they view such expenses as unnecessary. When businesses are held accountable for safety lapses, proper security becomes cheaper than the cost of defending lawsuits. Crime victims’ civil suits have resulted in increased security protection in public places, better oversight and supervision of daycare facilities, and countless other improvements.
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Civil Justice for Victims of Crime in Washington

Civil Justice for Victims of Crime in Washington

A victim is eligible to apply for compensation so long as the crime has been reported to law enforcement within a one-year period of the crime or one year from the time the report could have been reasonably made. Within a two-year period from reporting the crime to law enforcement is when a victim is able to apply for compensation. However, there is a good cause exception to the time period of five years. Additionally, the victim must have experience bodily injury or severe emotional stress as a result from the crime. The crime must also be deemed as either a gross misdemeanor or a felony. The application is to be reviewed by a claims manager to determine if it should be approved. If an application is not approved, an applicant has a 90 day period to appeal to the commission in writing based on this decision. Benefits may not be approved, for example, in the event that the victim in some way was involved in the incidence leading to his/her injury. Being convicted of a felony within a five-year period will bar an applicant from receiving compensation. Contact Information: Washington Crime Victim Compensation Program, Department of Labor and Industry
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Civil Justice for Victims of Crime in Pennsylvania

Civil Justice for Victims of Crime in Pennsylvania

Attorneys may employ various methods to protect victims’ privacy. Victims’ names and other personal information can be kept out of public records by filing suits under pseudonyms, such as Jane or John Doe. Victims can also use confidentiality agreements with the offender, or third-party defendant; file cases “under seal” (closed to the public); and videotape depositions. Each of these techniques allows victims to fight for their rights in a safer.

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