There are various reason why many victims fail to receive their payment because of their losses and expenses from a crime. The court orders restitution from the probation officer. In such case, the victim will most likely not receive any type of payment due to the offender unwilling or unable to attain employment(Bethel, 2016). In the meantime, a restitution is required as a sanction while serving a sentence in a correctional facility. A couple years ago, we have found that inmates who were required to pay restitution to their victim were having their family to deposit money in their celly trust fund. In doing so, this would allow them to keep their money to themselves without having a withdrawal from their account to pay the victim. After all, the low wage …show more content…
In some instance, when the individual cannot be file a claim, the victim will file one against a private insurance. In doing so, the victim claim needs not to be ignored for more than thirty days. Also, if a claim is never filed then the victim is not entitled to a settlement. However, if the victim files a claim against a private insurance or a third party, then several criteria can hinder or delay the reimbursement. For example, if the case has to go back to court, then the process has to start over and all cost will be at the victim expense. In doing so, the victim must move in a timely manner before the statue of limitation is lost. In addition, if the case is in motion, hearings, conferences, negotiation, trials, and appeals, then the ligation process will move slowly(Karmen, 2016). In comparison to civil court, a backlog and delay are worsened than a criminal court. However, if a delay is in effect then the victim can become in a counter-law case by the defendant. Lastly, the Compensation Fund may fail in providing a victim in payment when the offender is never found and sentence for a
In the case of Norton vs Argonaut Insurance Company there are many factors which impacted the court’s ruling as to the parties who were responsible resultant wrongful death of the infant Robyn Bernice Norton. The nurses, doctors(independent contractors) and the the hospital though not formally charged
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
...s locked up. Money owed for various things—such as credit cards, auto loans, mortgages, child support, taxes, and more—will be waiting on the outside world whether an ex-convict is ready for them or not. In addition, most ex-convicts are required to pay for court fees, fines, and restitution (Ross and Richards, 150).
as to whether or not a case is taken up. This is what decides the
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered.
Worker's Compensation is a service that provides reimbursement for lost wages to employees who have sustained injuries from work or work-related tasks. It is also one of the services that is most often the victim of fraud. Each of the three types of fraud, claimant, employer, and provider, is defined by the same characteristics, outlined by the Ohio Board of Workers Compensation:
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
...p time to work in the community that has been violated. Judges in many States have been given the power to force criminals to pay restitution to their victims, instead of forcing victims to seek reparations in Civil Court. It appears that the modern court system has realized that each criminal must be viewed as an individual and not a group. Rehabilitation may work on one person, but be totally ineffective on another. Sad to say, there is probably a small group of criminals out here that incarceration is the only solution.
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath. This process is largely focused around reparation, reintegration and participation of victims. That is to say, it is a victim-centred approach to criminal justice, and it perceives crime differently than the adversarial system of justice.
In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change.
Restorative justice works in a timely manner it brings the victims, family members, and other
There are many people in the United states who have been convicted of a crime, but later proven innocent, and due to this their lives are ruined. Every state needs to work to help those people get back on their feet, giving compensation, firing those who, unjustly, put them in prison, and help with housing and a job. Those who have been proven innocent should be compensated because the time they spend in prison will cause them to lose their jobs, and have no source of salary to support themselves. If the judge sentenced someone to prison, knowing they are innocent, they should be sent to fired, and legally unable to become a judge anywhere else, and spend time in prison, and the same should go to police officers who abuse their power. There’s
From the 1990s, the reports that cover the compensation cases increased dramatically in the mass media (Almond, 2004). There is a view that a huge number of tort cases in the ‘compensation culture’ are unjustified and unfair. In the mid-1990s, the term ‘compensation culture’ first appeared in a famous British newspaper (Levin, 1993). Actually, this is an extreme view, which will be criticized in this paper. This essay emphasizes the compensation culture is a myth (Morris, 2007). There are three reasons: Firstly, the data of the tort claims declined in recent years. Secondly, some victims do not receive the compensation or enough compensation that they deserve. Thirdly, the mass media and public organizations created the ‘compensation