NCJ Number
100505
Journal
Southwestern University Law Review Volume: 14 Issue: 4 Dated: (1984) Pages: 745-776
Date Published
1984
Length
32 pages
Annotation
An analysis of the history of restitution in the United States and recent changes in California law concludes that the California program enacted in 1983 needs to provide adequate and timely compensation to the crime victim in order to meet the intent of California's voters.
Abstract
Restitution dates from early history. It is controlled by statute in the United States and is generally viewed as a method of rehabilitating the defendant. A few States regard restitution as reimbursement to the victim. California has authorized restitution as a condition of probation since 1927. In 1965, California became the first State to enact victim compensation legislation. The compensation system is separate from the criminal proceedings. In June 1982, California voters enacted an initiative known as ''The Victim's Bill of Rights.' It required restitution from convicted offenders in every case in which the victim suffered a loss and called for legislation to implement this legislation. As a result, the California Legislature enacted the Crime Victim Restitution Program of 1983. The law renamed the existing indemnity fund as the restitution fund and required a restitution fine or penalty assessment for every criminal conviction. The legislature has confused and combined the separate legal concepts of compensation and restitution and civil and criminal damages. In addition, the exclusion of many categories of loss and the other limitations demonstrate that the law does note meet the voters' intention of focusing on all victims' needs. 212 references.