What is the legal test for the right of a victim of a crime to recover damages from the victim's creditors?
California, United States of America
The following excerpt is from The People v. Covington, 98 Cal.Rptr.2d 852 (Cal. App. 2000):
The right of a crime victim to recover restitution is set out in article I, section 28, subdivision (b) of the California Constitution, which was enacted by a vote of the people in June of 1982 as part of Proposition 8. (People v. Vega-Hernandez (1986) 179 Cal.App.3d 1084, 1091-1092.) It provides in part:
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