3 Miss. Code. R. 1-02-208 - Contributory Conduct

1. Compensation shall be denied or reduced upon finding that the victim's/claimant's conduct contributed to the events that led to the crime.

2. Compensation shall be denied or reduced to the extent of the degree of responsibility for the cause of injury or death attributable to the victim's/claimant's actions and/or involvement in the events that led to the crime. Compensation shall be denied or reduced if contributory conduct is determined.

3. Eligibility for compensation can be affected by a victim's/claimant's involvement in the events that led to the crime. The victim's/claimant's actions do not have to be illegal to be considered contributory conduct. Such actions must relate significantly to the occurrence that caused the victimization and be such that a reasonable or prudent individual would know that the actions could lead to their victimization.

4. Contributory conduct is a factor when the victim/claimant knowingly participated in conduct that:

a. Caused, resulted in, or reasonably could have led to the specific crime which caused the crime or death; or

b. Was itself clearly wrongful or illegal, thereby placing himself or herself in a position to be injured or to become a victim; or,

c. Clearly put himself or herself into a situation where the crime was a reasonably expected result and/or which a prudent individual would have avoided.

5. Contributory conduct to the offense is determined by the victim's/claimant's action or nature of the victim's/claimant's involvement in the events leading up to the crime. The following factors will serve as a guideline in determining the degree of contribution assessed:

a. If it appears the victim/claimant provoked, consented, incited or continued the escalation of the crime, a contribution factor shall be assessed;

b. If it appears the victim/claimant was provoked by the offender in a manner where bodily harm to the victim/claimant appeared unlikely, and the victim/claimant used poor judgment, a contribution factor shall be assessed;

c. If it appears the victim/claimant was injured as a result of poor judgment or as a result of his conduct not being that of a prudent person, a contribution factor shall be assessed;

d. If it appears the victim's/claimant's use of alcohol or drugs impeded his or her condition at the time of the crime in such a manner that their injuries were caused and/or greater because of alcohol or drug use, a contribution factor shall be assessed; and/or,

e. If it appears that the offender was provoked by the victim/claimant in a manner where bodily harm to the offender appears intentional or unquestionable, a contribution factor shall be assessed and the claim shall be denied.

6. The Division may consider all relevant information and circumstances, including, but not limited to:

a. Level of responsibility of the victim's/claimant's conduct;

b. Foreseeability of the consequences of such conduct;

c. Ability to avoid the situation (victim's/claimant's failure to retreat or withdraw from a situation where an option to do so was readily available);

d. The degree of harm that occurred as a result of the crime based upon clear evidence that the victim/claimant was armed or acting in a provoking manner greater than or equal to that of the offender;

e. Whether the victim/claimant used fighting words, obscene or threatening gestures;

f. Whether there is a direct causal relationship between the victims/claimants actions and the crime; and/or, g. § 208(4) and § 208(5).

7. When it is determined that the provisions of § 208 apply, the burden of proof shall be upon the victim/claimant to prove the eligibility of the claim.

Notes

3 Miss. Code. R. 1-02-208