Abstract

http://ssrn.com/abstract=1407241
 
 

Footnotes (195)



 


 



Monetary Remedies for Victims During Illinois Criminal Cases


Jeffrey A. Parness


Northern Illinois University - College of Law

Laura J. Lee


Northern Illinois University - College of Law

Karen Blouin


affiliation not provided to SSRN

May 19, 2009

Valparaiso University Law Review, Vol. 44, No. 1, Fall 2009

Abstract:     
The Illinois Crime Victim's Rights Amendment, added to the Illinois Constitution by the legislature and the voters in 1992, includes a 'right to restitution'. The amendment spurred some new legislation, now within the Rights of Crime Victims and Witnesses Act. But most crime victims still have little chance for restitution or other monetary remedies during criminal cases. Other remedies include recoveries from a state fund guided by the Crime Victims Compensation Act and recoveries ordered at sentencing under the Unified Code of Corrections Act. The paper first examines the Illinois constitutional right to restitution and the three separate acts recognizing possible monetary remedies for crime victims during criminal cases. Upon concluding that the constitutional right to restitution has not been adequately implemented by the legislature or the courts, the paper looks to other American state approaches to crime victim recoveries. For Illinois it proposes that the three acts be combined into a single statutory scheme, organized by the stages in a criminal case. Integrated provisions would held better secure the goal of enhanced recoveries by crime victims established by the overwhelming majorities of constitutional amendment drafters and voters.

Number of Pages in PDF File: 31

Keywords: crime victims, crime victim restitution, criminal sentencing, criminal procedure

working papers series


Download This Paper

Date posted: May 25, 2009  

Suggested Citation

Parness, Jeffrey A. and Lee, Laura J. and Blouin, Karen, Monetary Remedies for Victims During Illinois Criminal Cases (May 19, 2009). Valparaiso University Law Review, Vol. 44, No. 1, Fall 2009. Available at SSRN: http://ssrn.com/abstract=1407241 or http://dx.doi.org/10.2139/ssrn.1407241

Contact Information

Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Laura J. Lee
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Karen Blouin
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 503
Downloads: 63
Download Rank: 205,685
Footnotes:  195

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds