The Proper Role of a Victim-Compensation System

Abstract

Compensation to the victim of a criminal injury is not effective if it consists merely of financial remedy supplied by the state. It should take the form of punitive restitution; that is, it must come from the offender's resources (either money or service) and it must be part of the criminal court sentence by being tied to whatever reformative plan is contemplated. Correctional restitution goes a significant step further than compensation by requiring the of fender to maintain a relationship with the victim until the victim's pre-injury condition has been restored to the fullest extent possi ble. It compensates the victim, relieves the state of some burden of responsibility, and permits the offender to pay his debt to society and to his victim. Thus it makes a contribution to the reformative and corrective goals of criminal law and finds its proper place in the criminal justice system.