RE: Victim's Compensation Program
I also feel deeply for the victims' families in this matter. I imagine that they all would have needed to retain legal counsel, which would be costly (and unanticipated). Do they get any assistance for this?
IMO, the decision to provide what appears to be preferential treatment for BK is an outrage, and unjustified.
TIA anyone who can respond to my questions.
Snipped & BBM. ^^^
@jjleroche I mostly think about the victims & that thing called grief. Thank you for mentioning them.
In 1984 & amended 1988 Congress passed a federal law (
Victims of Crimes Act VOCA) & established OVC (Office of Victims of Crime) & created the Crime Victims Fund, which provides funds to states for victim assistance and compensation programs that offer support and services to those affected by violent crimes.
Every state in the US has a Victim's Compensation Program (ID since 1986) to cover some financial costs for certain expenses after all other sources of payment have been exhausted (insurance, sick leave, restitution from the offender, employee assistance programs). Idaho only covers up to a maximum of $25,000 which can add up quickly for funeral, lawyer, mental health, wage loss to attend trials & appointments, etc. The prosecuting attorney’s office will assist in preparing a restitution statement to inform the judge of reimbursable expenses & enable the judge to determine & order the appropriate restitution. The Idaho victims were all over 18, legal age of consent, no longer minors. Generally it's parents of minors who are eligible but bc 18-21 & college students the victims were likely still dependents. We know JJJ notified BK of maximum restitution at his arraignment so I am assuming their families are covered.
Victim legal fees are not usually covered & come out of the victim's pocket unless a pro-bono arrangement is found. Victims working with the prosecution will often get their own lawyers to help guide them through the legal aspects of the case. The prosecutor's office has advocates who help victims file claims, steer victims to groups & organizations. The FBI teaches victim advocacy programs & have exceptional people assigned to victims if FBI is still working the case. Advocates can be involved with their victims for years, from event through trial and after.
At arraignment Judge JJ read the charges to BK & told him if found guilty BK's max. restitution was $20,000 to the families (each family IMO). JJJ asked BK if he understood the charges and the maximum penalties. BK answered "Yes." BK is indigent & therefore will not pay restitution owed if found guilty. That is when the victim's fund would kick in to cover eligible costs.
IDAHO CRIME VICTIMS COMPENSATION PROGRAM
Treatment eligible:
Payments for physician and hospital services, medicine, and other approved treatment
Mental health treatment
Counseling benefits for family members of victims
Wage loss
Dependent death benefits
Funeral expenses
Funding: Fines help pay for Victim Programs, not tax dollars:
Fines imposed as a result of felony and misdemeanor convictions
Misdemeanors: $37.00
Felonies: $75.00
Sex Offenses: $300.00
Judgments imposed on offenders
A federal grant; and
Restitution from offenders--judge informs offender of the exact amount when found guilty.
And there are private donors too.
VICTIM RIGHTS, COMPENSATION, AND ASSISTANCE.
34 U.S. Code Chapter 201
Hope this helps a little to understand compensation to victims.
JO and links.
