Assignment: Victim-Focused Programs in the Criminal Justice System/Replies

STUDENT REPLY #1 Tshayna Barlow

I will compare victim compensation programs in the USA and the Philippines. A crime victim compensation program exists in every state in the United States to aid victims of violent or personal crimes receive compensation. Programs run by states must follow the rules laid out by the states themselves. The Victims of Crime Act authorizes the US Department of Justice to provide additional funding and assistance to states (VOCA) (Evans, 2014). The Division of Victim Services (DVS) is responsible for providing assistance and support to all victims of crime in Michigan. Crime victims in Michigan can receive counseling, legal and medical assistance, and emergency housing thanks to DVS funding. To pay for victims' rights advocates, every prosecution office in the state receives money from the DVS fund. Michigan Crime Victim Compensation Program, which DVS operates, pays crime victims directly through the statewide notification system (MI-VINE). The Division comprises a wide variety of organizations (Evans, 2014). Crime Victim Services Commission, Advisory Board on Human Trafficking Health, and Sexual Assault Evidence Kit Tracking Commission are some of the organizations.

Victims of violent or personal crimes and those who have been detained without trial are all served through programs in the Philippines (Van Dyke, 2001). It is possible for Filipinos to contact the Board of Claims through the Board of Claims Secretariat of the Department of Justice (Van Dyke, 2001). A copy of any medical documents from hospitals and doctors should be included in any benefits application by victims. They must decide within 30 days of their meeting. Each fraction of a month counts as a full month when calculating compensation for those wrongfully imprisoned or detained (Van Dyke, 2001). There is a limit to the amount of compensation paid each month. The amount of money that a person unfairly convicted receives each month would be increased from PHP1,000 to PHP5,000 as one of the adjustments recommended (Van Dyke, 2001).

References

Evans, D. N. (2014). Compensating victims of crime.

Van Dyke, J. M. (2001). The Fundamental Right of the Marcos Human Rights Victims to Compensation. Phil. LJ, 76, 169.

STUDENT REPLY #2 Kristopher Clement

U.S Compensation Program: Oregon

Despite the fact that I currently reside in California, I chose the Oregon Crime Victim's Assistance Section as my conversation topic. The Oregon Crime Victims' Compensation Board operates under the authority of the Oregon Department of Justice (ODOJ) (2020) in the aftermath of a crime. The program was founded in 1977 to help hundreds of Oregonians who were struggling financially. Each year, residents are killed as a result of a violent crime. This was contested by the Oregon Department of Justice. While stating that violent crimes include domestic violence, sexual assault, and child abuse, Abuse, robbery, assault, manslaughter, or other crimes that result in physical or mental harm however, only under particular conditions may a person suffer from psychological harm. Aid entails responsibilities and expectations exclusions. To clarify, there are compensation programs available for those who require assistance mental health therapy, medical and hospital bills paid for, lost wages, and burial expenses paid for expenditures, and a slew of other things (ODOJ, 2020). Not all victims are eligible for remuneration. There are four eligibility criteria in Oregon for the program. If any of these four apply to you, if a victim meets the criteria, they are not entitled for state-funded victim compensation in Oregon. These are the four requirements set forth by the state of Oregon (2018) 1) the injury or death was caused by the victim's criminal activity, 2) the crime was exclusively for the purpose of property damage or loss, 3) the injury or death was caused by a non-criminal event such as an accident, and 4) the time happened before the Oregon CVCP went into force in January 1978. In Oregon, there are numerous compensation programs for victims of violent crimes; nevertheless, I'd like to focus on the qualifications for receiving assistance from a compensation program. For example, if the damage or death occurred as a result of an automobile accident, the victim(s) would be ineligible for compensation. That's a paradox in and of itself. To clarify, an individual is not eligible for a compensation program if the damage or death occurred as a result of something other than a criminal event, but isn't an accident regarded a criminal incident? Even more so if another person was harmed or died as a result of the mishap. Isn't this a case of vehicular manslaughter? Why is it acceptable to consider them accident victims but not enough of a victim to qualify for compensation? Are we deliberately assessing what victims go through in order to characterize their level of "victimless" in order to determine who is more of a victim and thus gets compensation?

Foreign Compensation Program: Ireland

Compensation programs in Ireland are straightforward. For starters, the Republic of Ireland has a crime victim compensation scheme that compensates victims of violent or personal crime financially (Ireland, n.d.). According to their comments about their compensation schemes for victims, they differ on a critical point: who receives assistance from the compensation program. Consider this: in the United States, an individual is not eligible for compensation if the loss is merely a result of property or personal loss, however in Ireland, regardless of why you were a victim of a crime, you are entitled to compensation. In Ireland, unlike the United States, there is no maximum compensation ceiling, despite the fact that the compensation procedures in both Ireland and Oregon are identical. For example, they both offer compensation systems for medical costs, mental health costs, lost wages, and burial costs, among other things.

Differences between the two

The eligibility conditions are one of the key differences between the two programs. As previously stated, in the state of Oregon, if one of four criteria applies to an individual, they are ineligible for compensation. In Ireland, there are two conditions for receiving compensation: 1) the crime must be reported to the police, and 2) the filing must be completed within three months of the offense. Another distinction between the two programs is that citizens of other countries (such as Oregon and the United States) are eligible to claim for compensation in Ireland. Individuals who file claims may be direct or primary victims of violent or personal crime, or they may be indirect or subsidiary victims (Ireland, n.d.). To recap, a primary or direct victim is someone who is directly affected by the crime, hence the name, whereas a secondary or indirect victim is someone who is not directly affected by the crime but is indirectly affected because they are directly related to or in contact with the primary or direct victim (Karmen, 2020).

What Is One Component of Ireland’s Program That Could Be Applied to Oregon States Program?

One feature of Ireland's victim compensation policy that may be adapted to Oregon's compensation program is the absence of eligibility limitations. If there is someone in Ireland who is hurt or loses their life or the life of a loved one as a result of an accident, they have the right to sue though the program. It's vital to keep in mind that, depending on the circumstances, claims decisions can take several months or even longer. Which is a problem that both Ireland and the states should try to solve as soon as possible. Although it is understandable that claims must be verified, waiting several months for assistance from a victim compensation program is excessive. Within a few months, a seemingly endless number of events might occur.

References

Crime Victim & Survivor Services Division Oregon Department of Justice. (2018). Crime Victims' Compensation. Salem, Oregon; State of Oregon. https://www.doj.state.or.us/wpcontent/uploads/2019/11/CVCP_brochure_ENG.pdf

Crime Victim Compensation. (2008). Crime victim compensation for serving U.S. citizens victimized abroad. OVC Guide for Serving U.S. Citizens Victimized Abroad - Directory of International Crime Victim Compensation Programs. Retrieved March 17, 2022, from https://ovc.ojp.gov/sites/g/files/xyckuh226/files/publications/infores/ServingVictimsAbroad/directoryinternational.html#:~:text=Victim%20compensation%20for%20expenses%3A%20The,and%20lost%20wages%20or%20support.