RESTITUTION AND COMPENSATION (FROM COMMUNITY PARTICIPATION IN SENTENCING, 1976 - SEE NCJ-42268)

• NCJ Number: 42271
• Author(s): ANON
• Date Published: 1976
• Length: 24 pages
• Corporate Author: Printing and Publishing Supply and Services Canada
• Publication Format: Document
• Language: English
• Country: Canada

Annotation

PROPOSALS FOR THE INCREASED USE OF RESTITUTION AND VICTIM COMPENSATION ARE PRESENTED IN THIS WORKING PAPER BY THE LAW REFORM COMMISSION OF CANADA.

Abstract

ONLY DURING THE LAST DECADE HAVE COMPENSATION SCHEMES BEEN DEVELOPED FOR A SMALL NUMBER OF OFFENSES. RESTITUTION HAS ALSO BEEN AVAILABLE ONLY TO A LIMITED EXTENT, WHETHER THROUGH THE CRIMINAL PROCESS OR CIVIL ACTION. THIS WORKING PAPER HAS AS ITS PRIMARY AIM TO MAKE RESTITUTION -- THE RESPONSIBILITY OF THE OFFENDER TO THE VICTIM TO MAKE GOOD THE HARM DONE -- A BASIC PRINCIPLE IN CRIMINAL LAW, AND TO SUPPLEMENT IT BY A SCHEME FOR COMPENSATION -- ASSISTANCE BY THE STATE WHERE THE OFFENDER IS NOT DETECTED OR WHERE HE IS UNABLE TO ASSUME RESPONSIBILITY FOR RESTITUTION. FURTHER, THE COMMISSION PROPOSES THAT THE COSTS OF COMPENSATION WOULD BE PAID FROM FINES OR FORFEITURES IMPOSED IN THE CRIMINAL COURTS. THE PROPOSED EXTENT AND LIMITATIONS OF BOTH RESTITUTION AND COMPENSATION ARE OUTLINED IN THIS PAPER. (AUTHOR ABSTRACT MODIFIED)...DMC