Pros of Offender RestitutionMake the victim whole Rehabilitate the offender Provide a less restrictive alternative to incarceration Deter the offender from future criminal actsPros of Private InsuranceDepending on the situation, it can help some victimsPros of Civil LitigationVictim regains control of the court action Relaxed level of proof Independent of criminal case outcome The majority (2/3), vs. unanimous jury decision in criminal courtPros of Victim Compensation???Cons of Offender RestitutionDetermination of property value Little evidence that restitution actually has a deterrent effect Many victims never receive restitution Must apprehend and convict the offenderCons of Private InsuranceInsurance coverage must be available The victim must purchase policy beforehand Affordability Victim (often) pays the deductibleCons of Civil LitigationVictims are often unaware of this option. Must identify and locate the offender. The victim must hire and pay an attorney. The victim must pay filing fees.Cons of Victim Compensation???Eligibility Requirements For Crime CompensationVictim of a crime → personal injury, mental trauma or death A surviving spouse, parent/guardian, child or other relative dependent for support upon a victim of a crime who died as a direct result of such crime A person injured trying to prevent a crime or assisting a police officer in making an arrestSpecific Crime Types for Crime CompensationAggravated Assault DV Murder Manslaughter Sexually related crimesProsecutorial Based Victim-Witness ProgramsVictims suffer in ways other than $$ May avoid contact with CJ system - double victimization The offender may never be held accountable Victim Witness Assistance programs To soften the impact of victim participation (2nd Insult)Victim Information & Notification Everyday (VINE)Notify registered victims of a change in offender custody statusNJ State Parole BoardEncourages victims to have an active role in the parole process Ensure the Parole Board is fully informed of the victims' concerns before parole decisions (Registration required)Department of Corrections (DOC)Offers The Office of Victim Services: Protect the rights of crime victims Assist victims to obtain meaningful services Established to strengthen the role of NJ DOC in responding to the needs of the victimsVictim Witness Programs"The prosecutory assembly line" Assumptions: Witness cooperation is essential to winning convictions Victims and witnesses refuse to cooperate because the anticipated costs are too high 2nd insult (impact of system participation)Prosecutor's Office???Victim Impact Statement (VIS)written or oral information from crime victims, in their own words, about how a crime has affected them2 Ways To Give A VISWritten statement Allocution (verbal) statementWhat legal rights are outlined for crime victimsVictims' Rights in the U.S. Constitution President's Task Force on Victims of Crime Victim Rights Amendment (VRA)Victims' Rights in the U.S. ConstitutionThere are no rights for crime victims outlined in the United States ConstitutionPresident Ronald Reagan Task ForceTo address the needs of the millions of Americans & their families victimized by crime each year. The task force: Reviewed available literature Interviewed victim-service professionals Spoke with crime victims With the exception of the federal constitutional amendment, most of the recommendations resulted in significant changes in policy, programs, and practices at the federal, state, & local levels.Victim Rights Amendment (VRA)guarantees victims certain rights when they participate in the criminal's justice system and would make rights consistent across all statesDomestic Violencea pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. It's also a pattern of coercive tactics that include, physical, psychological, sexual, economic, and emotional abuse perpetrated by one person against an intimate partner, with the goal of establishing and maintaining power and controlMajor Types of Abusive Behavior on DVPhysical abuse Sexual abuse Economic abuse Emotional abuse Psychological abuse3 Key Factors of Anti-Stalking LawsThe existence of threatening behavior The existence of criminal intent by the offender Repetition in the behaviorStalking Restraining OrderA permanent RO can be sought upon conviction of stalking Different than a DV RO Issued by the Criminal Courts not Family Court No relationship requirement between partiesAre victims typically stalked by a stranger or by someone they know?Majority of stalkers are current or former intimate partnersDoes reporting stalking to law enforcement typically stop stalking behavior?No, it does not stop the behavior due to the high rates of reoffendingDo victims typically report to law enforcement?Some victims don't report because they think law enforcement won't helpName two common acts that stalkers engage in.Sending or leaving gifts Following or monitoring the victimName one of the more dangerous times for a stalking victimIncrease in contact by the offenderWhat is a stalking log?Documents all incidents for future occurrences, such as the number of phone calls they have been receiving, the number of times the offender drives past the victim's home, etc.What types of evidence should a victim preserve?Text messages, phone messages, email, and photographsWhat is the name of the victim in this real-life example of a stalking case?Peggy KlinkeName two stalking behaviors the offender engaged in?Repeatedly calling her and waiting outside of her workplace and gymDid any of those behaviors match your response to question #5 above?Yes, he was monitoring/following her by waiting outside of her workplace and gym

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