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If You Don't Have a Dime, Who Pays For the Crime? - The Mandatory Victims Restitution Act

NCJ Number
174642
Journal
USA Bulletin Volume: 47 Issue: issue Dated: January 1999 Pages: 11-19
Author(s)
K I Tolvstad
Date Published
1999
Length
9 pages
Annotation
This article attempts to give prosecutors a basic outline of the Mandatory Victims Restitution Act (MVRA)'s requirements concerning restitution orders.
Abstract
Restitution is one of the oldest sanctions for criminal behavior still in use today. The MVRA of 1996 is the latest step in the promulgation of mandatory restitution. It establishes offenses which require, or grant discretion to, the court to impose restitution. The new law also outlines procedures courts must use to decide how much restitution the defendant must pay, how the defendant will pay it, and how to enforce the restitution order. The MVRA establishes three categories of offenses related to the imposition of restitution offenses: (1) mandatory (including but not limited to crimes of violence, fraud or deceit, tampering with consumer products, and crimes resulting in physical injury or pecuniary loss); (2) discretionary (some drug offenses and some air piracy offenses); and (3) non-specified (crimes that can be prosecuted under titles other than Title 18 of the United States Code which do not fall into the restitution categories). Notes

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