US law enforcement’s role in victim compensation dissemination
| DOI | 10.1177/0269758020945126 |
| Published date | 01 January 2021 |
| Date | 01 January 2021 |
| Subject Matter | Articles |
Article
US law enforcement’s role
in victim compensation
dissemination
Robert C Davis
National Police Foundation, USA
Kalani Johnson
National Police Foundation, USA
Michael J Lebron
National Police Foundation, USA
Susan Howley
Justice Research and Statistics Association, USA
Abstract
Victimcompensationprograms seekto alleviateadverse effects of victimization and repay victim losses.
A few studies have concluded that US compensation p rograms are under-utilized because victims are
unaware of such programs and police officers overlook sharing the information. The present study
sought to further explore this issue from the perspective of state compensation directors and police
executives. Survey respondents were asked their opinions about police officers’ basic knowledge of
victims’ compensation programs, reasons for under-utilization of the programs, and the most effective
ways to inform victims of their right to compensation. Surveys were administered to 38 state com-
pensation directors and 23 law enforcement executives from across the US. Survey results confirmed
the belief that many eligible victims are not receiving compensation and that better training of patrol
officers on compensation eligibility and benefits was needed. However, just one in 10 of the state
directors implicated police failure to notify victims as a major reason for victims not filing claims. The
consensus of both police administrators and state compensation directors was that, while patrol offi-
cers should be tasked with providing basic notification of compensation availability, it is important that
victim advocates and police detectives follow up with more detailed information in the days following
victimization. Policy implications and future directions for research are discussed in light of the findings.
Corresponding author:
Robert Davis, National Police Foundation, 1201 Connecticut Ave., NW Suite 200, Washington, DC, 20036, USA.
Email: rdavis@policefoundation.org
International Review of Victimology
2021, Vol. 27(1) 43–62
ªThe Author(s) 2020
Article reuse guidelines:
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DOI: 10.1177/0269758020945126
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Keywords
Compensation, law enforcement, victims’ assistance, crime victims
Introduction
In 1965, US President LyndonB Johnson established the President’s Commission on Law Enforce-
ment and Administration of Justice to examine issues of crime and justice in the UnitedStates. The
Commission was charged with providing strategies to reduce crime and increase safety in American
communities.In 1967, the Commission releasedan extensive set of recommendations, among which
it asserted thatthere should be public means to alleviatethe adverse effects experiencedby victims of
crime (Sims et al.,2005). The recommendation was groundedin the belief that the government hasa
role in preventing crime and is therefore responsible for compensating citizens when they become
victims. Compensation may include loss of wages, medical expenses, legal fees, and other financial
burdens. To help restore victims to pre-crime functioning, states began to implement victim com-
pensation programs as early as the late 1960s, and in 1984 the federal government authorized the
Victims of Crime Act (VOCA), through which victims could be compensated for federal crimes
(Doerner and Lab, 2002). The federal Crime Victims Fund was established by VOCA to support
programs that significantly impact the lives of millions of crime victims each year. Since its incep-
tion, the Crime Victims Fund has not been supported by taxpayer dollars, but by the fines, penalty
assessments, and bond forfeitures collected from convicted federal offenders, unlike compensation
programs found in most other countries (Department of Justice (DOJ), 2002).
The DOJ Office of Victims of Crime distributes monies directly to states to support compensation
programs and assistance services for victims and survivors of domestic violence, sexual assault, child
abuse, homicide, and other crimes. Each of the country’s states, inhabited territories, and the District of
Columbia have established compensation programs which reimburse victims for crime-related expenses
such as medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support
(Evans, 2014). Maximum compensation amounts typically range from $10,000 to $25,000 and are only
paid when other financial resources do not cover the loss (DOJ, 2002). The website of the National
Association of Crime Victim Compensation Boards states that each year state compensation programs
provide nearly $500m to more than 200,000 victims (www.nacvcb.org).
Yet, as large as this figure is, it pales in comparison to the estimated 3.1 million violent crimes
reported to law enforcement agencies in 2017. Historically, victims of crime have faced many
obstacles blocking their access to state compensation programs. In applying for compensation,
victims often struggle with acquiring necessary documents, meeting deadlines, and inconsistencies
in the application process (Danis, 2003). A content analysis of US state legislation conducted by
Boateng and Abess (2017) revealed that victims must meet strict eligibility criteria to qualify for
compensation and in most states there are no legal provisions allowing victims to hold criminal
justice officials accountable if their rights are ignored.
Early empirical victimology research showed that most victims do not receive compensation or
other social services: Knudten et al. (1976) reported that only 15%of Milwaukee crime victims
received assistance from victim programs, while Davis and Henley (1990) reported less than 1%
sought compensation and other formal assistance among a sample of New York City crime victims.
In a nationwide US study, McCormack (1991) found that only 8.5%of all recorded victims of
violent crime sought compensation. Later studies have found little change. Using data from the
National Crime Victimization Survey administered by the Bureau of Justice Statistics, Zaykowski
44 International Review of Victimology 27(1)
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