NCJ Number
125471
Date Published
1990
Length
16 pages
Annotation
An analysis of the history and development of restitution, including current practices, is used to identify and suggest solutions to some of the barriers to a presumptive restitution norm in criminal sentencing.
Abstract
One impediment to the more extensive use of restitution during much of the 20th century has been the patchwork quality of restitution legislation and programming. In recent years, however, legislatures have empowered courts to order restitution in more categories of cases and authorized funding for support services to implement restitution. Another impediment to restitution is the absence of a working consensus on the meaning of restitution. Such a consensus must take into account the philosophical, conceptual, and practical difficulties inherent in providing restitution to victims in a punitive system. Once restitution has been defined and its role in the criminal justice system relative to other correctional goals has been clarified, presumptive restitution still will not become a reality unless consideration is given to how information on victim loss and offender resources is to be obtained. Also, appropriate procedures for decisionmaking must be adopted, and effective collection and enforcement mechanisms must be devised. 37 references.