NCJ Number
32744
Date Published
1976
Length
31 pages
Annotation
DESCRIPTION OF THE USE OF RESTITUTION AS A CONDITION OF PROBATION IN THE DISTRICT, COUNTY, AND JUVENILE COURTS BETWEEN OCTOBER 1973 AND SEPTEMBER 1974.
Abstract
THE STUDY ATTEMPTED TO DETERMINE THE EXTENT TO WHICH RESTITUTION WAS USED, THE PERSONAL CHARACTERISTICS OF THE PERSONS ORDERED TO PAY RESTITUTION, THE CIRCUMSTANCES OF THE OFFENSE, THE WAYS IN WHICH THE COURTS STRUCTURED RESTITUTION, THE AMOUNTS OF RESTITUTION ORDERED AND SUBSEQUENTLY COLLECTED RELATIVE TO REPORTED LOSSES, AND THOSE FACTORS ASSOCIATED WITH THE SUCCESSFUL COMPLETION OF RESTITUTION. IN ADDITION, THE ATTITUDES OF JUDGES, PROBATION OFFICERS, VICTIMS AND OFFENDERS TOWARD THE PRACTICE OF RESTITUTION WERE EXAMINED. ANALYSIS REVEALED THAT RESTITUTION EXISTED IN NEARLY ONE-FOURTH OF ALL PROBATION CASES, WITH FULL CASH RESTITUTION BEING ORDERED IN NINE OUT OF TEN CASES. THE MOST IMPORTANT FACTOR DETERMINING WHETHER AN OFFENDER WAS ORDERED TO PAY RESTITUTION WAS HIS PREDICTED ABILITY TO PAY. MOST JUDGES, PROBATION OFFICERS, AND VICTIMS FAVORED THE USE USE OF RESTITUTION AND MOST OFFENDERS AND VICTIMS THOUGHT RESTITUTION AS ORDERED WAS FAIR. RECOMMENDATIONS INCLUDED EXTENDING THE USE OF RESTITUTION TO INCLUDE MORE OFFENDERS AND MORE TYPES OF OFFENSES AND IN-KIND AND SERVICE RESTITUTION FOR POORER OR UNEMPLOYED OFFENDERS. ALSO SUGGESTED IS VICTIM-INVOLVEMENT IN THE PROCESS OF RESTITUTION. (AUTHOR ABSTRACT MODIFIED)