Abstract

http://ssrn.com/abstract=1678736
 
 

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Monetary Recoveries for State Crime Victims


Laura J. Lee


Northern Illinois University - College of Law

Edmund Laube


Northern Illinois University

Jeffrey A. Parness


Northern Illinois University - College of Law

August 20, 2010

Cleveland State Law Review, 2010

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. More can be done for victims, especially during criminal case sentencing. Unlike federal district courts, state criminal courts typically have general jurisdictional authority allowing broader opportunities for crime victim recoveries at the close of criminal cases. Better crime victim recovery procedures are especially warranted where there are explicit state constitutional law interests.

Number of Pages in PDF File: 64

Keywords: victim, crime victim, restitution, criminal procedure, crime victim rights

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Date posted: September 19, 2010 ; Last revised: December 18, 2012

Suggested Citation

Lee, Laura J. and Laube, Edmund and Parness, Jeffrey A., Monetary Recoveries for State Crime Victims (August 20, 2010). Cleveland State Law Review, 2010. Available at SSRN: http://ssrn.com/abstract=1678736

Contact Information

Laura J. Lee
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
Edmund Laube
Northern Illinois University
1425 W. Lincoln Hwy
Dekalb, IL 60115-2828
United States
Jeffrey A. Parness (Contact Author)
Northern Illinois University - College of Law ( email )
Swen Parson Hall
DeKalb, IL 60115
United States
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