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"State Crime Victim Recoveries"

By Douglas A. Berman

The title of this post is the title of this interesting-looking new paper available via SSRN on state victim restitution policies and practicalities.  Here is the abstract: Crime victim recoveries are typically available in American states through three separate, but related, avenues: a criminal proceeding (with or without a formal charge); a related civil claim (including a pre-suit settlement); and, a related administrative or special court proceeding. Multiple avenues can be pursued simultaneously.  These avenues often, but not always, have constitutional as well as statutory foundations. Unfortunately state crime victims often go without recovery.  Barriers to recovery include intrastate and interstate confusion over terms like restitution and victim...continue to full post

Full post as published by Sentencing Law and Policy on September 21, 2010 (boomark / email).