Compensating Victims of Police Violence

12 Pages Posted: 2 Dec 2020 Last revised: 30 Apr 2021

See all articles by Valena Elizabeth Beety

Valena Elizabeth Beety

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: November 9, 2020

Abstract

Victims of police violence suffer physical trauma and their families suffer mental trauma “born from the violation of a certain social trust.” Their losses are also financial, including medical expenses and mental health treatment, as well as lost income. While scholars and citizens have advocated for accountability and justice, this is the first essay to advocate for the simple act of victims’ compensation for victims of police violence.

To be considered for compensation, victims must first prove that they cooperated with law enforcement and were “innocent” of wrongdoing. Yet, victims of police violence are inordinately and openly blamed for their own injuries in police reports. In incidents of police violence, officers may be incentivized to evade accountability by reporting that the victim was contributorily at fault. If neither police nor prosecutors identify the people harmed as victims, then these injured people will not qualify for Victim Compensation Funds to pay for mental health treatment or medical care.

This Essay explains Victim Compensation Funds, which are available in every state and U.S. territory, and why police violence victims rarely qualify for compensation. The Essay calls upon state legislators and district attorneys to make these victims eligible for consideration of funds, namely by eliminating the requirement of cooperation with law enforcement for victims of police violence, and re-examining the “innocence” requirement.

Keywords: police, victim, compensation, criminal, justice, shooting

Suggested Citation

Beety, Valena Elizabeth, Compensating Victims of Police Violence (November 9, 2020). Emory Law Journal, Vol. 70, 2021, Available at SSRN: https://ssrn.com/abstract=3727045 or http://dx.doi.org/10.2139/ssrn.3727045

Valena Elizabeth Beety (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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