NCJ Number
47995
Date Published
1977
Length
18 pages
Annotation
THE GRADUAL TRANSITION FROM VENGEANCE TO RESTITUTION AS A MEANS OF COMPENSATING VICTIMS OF CRIMES IS REVIEWED FROM AN HISTORICAL PERSPECTIVE.
Abstract
AS COMMUNITIES IN ALL SOCIETIES HAVE BECOME STRUCTURED AND THEIR LEADERSHIP MORE CENTRALIZED, CODES OF LAW HAVE BEEN ENACTED TO SERVE AS GUIDELINES FOR ACCEPTABLE BEHAVIOR. A SHIFT FROM A SYSTEM PROVIDING RESTITUTION TO THE VICTIM TO ONE INVOLVING COMPLETE GOVERNMENT CONTROL OVER CRIMINAL LAW HAS OCCURRED IN MANY COUNTRIES, INCLUDING ENGLAND. STAGES IN THE ANCIENT HISTORICAL TRANSITION PROCESS HAVE ENCOMPASSED PRIVATE VENGEANCE, COLLECTIVE VENGEANCE, THE PROCESS OF NEGOTIATION AND COMPOSITION, THE ADOPTION OF CODES CONTAINING PRESET COMPENSATION AMOUNTS TO BE AWARDED VICTIMS IN THE COMPOSITION PROCESS, GRADUAL INTERVENTION BY LORDS OR RULERS AS MEDIATORS AND PAYMENT TO THEM OF A PERCENTAGE OF THE COMPOSITION-COMPENSATION AWARD, AND COMPLETE TAKE-OVER OF THE CRIMINAL JUSTICE PROCESS AND THE DISAPPEARANCE OF RESTITUTION FROM CRIMINAL LAW. IN THE ANGLO-AMERICAN LEGAL SYSTEM, THERE IS A STRICT SEPARATION OF CRIMINAL LAW FROM CIVIL LAW. ALTHOUGH RESTITUTION BY PERSONS IMPRISONED UNDER CRIMINAL LAW HAS BEEN IMPOSSIBLE DUE TO UNDERPRODUCTIVITY OF PRISON INDUSTRIES AND LOW WAGES TO INMATES, RESTITUTION HAS BECOME COMMONLY USED AS A CORRECTIONAL DEVICE FOR NONINCARCERATED CONVICTED DEFENDANTS AS A CONDITION OF PROBATION. DURING THE 1960'S AND 1970'S, AN INCREASED INTEREST IN LEGISLATION HAS DEVELOPED TO PROVIDE MONETARY INDEMNIFICATION TO VICTIMS. RESTITUTION IS AN IMPORTANT CONCEPT IN THE HISTORY OF CRIMINAL LAW AND IS BEING INCREASINGLY USED AS A CONDITION OF PROBATION AND SUSPENDED SENTENCES. THE THEORETICAL FRAMEWORK UNDERLYING THE PROCESS OF COMPOSITION, WHICH INVOLVES RESTITUTION TO THE VICTIM, IS DETAILED. MEASURES TO ENABLE OFFENDER COMPLIANCE WITH THE TERMS OF RESTITUTION, SUCH AS THE COMMERCIAL SALE OF PRISON INMATE WORK PRODUCTS, ARE CONSIDERED. NOTES ARE INCLUDED. (DEP)