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Statement of Douglas E Phillips, Member, Committee on Victims Section of Criminal Justice, American Bar Association (From Impact of Crime on the Elderly - Hearing, P 36-45, 1983 - See NCJ-94673)

NCJ Number
94675
Author(s)
D E Phillips
Date Published
1983
Length
8 pages
Annotation
A representative of the American Bar Association (ABA) reiterates its belief that victims whom the criminal justice system has been unable to protect deserve the assistance of the Federal Government and comments on S.704, a proposal for Federal funding of State victim compensation programs.
Abstract
Many States have been willing to expend funds for more expensive, complementary legislation to the 1982 Victim and Witness Assistance Act, but the Federal Government has provided no funds for compensation. S. 704 would establish a Crime Victims Assistance Fund and distribute funds to qualifying State crime victims' funds, provided the State fund compensates all victims of crime and offers psychological counseling for any crime victim who needs it. The ABA believes the first requirement is too broad and the second singles out one type of injury for mandatory coverage. It suggests that the legislation require eligible State programs to compensate all victims or surviving dependents who have incurred actual expenses related to injuries or death caused by a crime and that Federal reimbursement be limited to a portion of the compensation paid by the State to these victims. The ABA supports leaving the minimum and maximum amounts of awards to the States, although it would impose an eligibility requirement that victims report a crime within 72 hours. The ABA also recommends a Good Samaritan provision requiring coverage of persons injured trying to prevent a crime or apprehend a perpetrator.