RESTITUTION BY THE CRIMINAL - A BETTER WAY OF 'PAYING' FOR CRIME?

• NCJ Number: 59179
• Journal: VITAL ISSUES Volume: 27 Issue: 2 Dated: (OCTOBER 1977) Pages: COMPLETE ISSUE
• Author(s): A T HARLAND
• Date Published: 1977
• Length: 4 pages
• Corporate Author: Ctr for Information on America
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

AN OVERVIEW OF THE CONCEPT OF RESTITUTION, ITS USE HISTORY IN THE U.S., AND SALIENT ISSUES REGARDING ITS ADOPTION (BENEFITS TO THE OFFENDER AND VICTIM, LIABILITY DETERMINATION, ETC.) IS PRESENTED.

Abstract

WHETHER RESTITUTION IS SYMBOLIC OR DIRECT, SERVICE OR FINANCIAL, IT IS PROVIDED BY THE OFFENDER AND ENFORCED THROUGH THE CRIMINAL JUSTICE SYSTEM AS PART OF MORE TRADITIONAL DISPOSITIONS. RESTITUTION OVERLAPS WITH TWO OTHER CRIMINAL JUSTICE INNOVATIONS, VICTIM COMPENSATION AND COMMUNITY SERVICE. ALTHOUGH THE CONCEPT OF RESTITUTION IS MENTIONED IN ANCIENT CRIMINAL LAWS, THE USE OF RESTITUTION HAS BEEN RECOMMENDED BY CRIMINOLOGISTS OVER TIME, AND RESTITUTION HAS, IN FACT, BEEN APPLIED IN AN UNSYSTEMATIC MANNER AS A PAROLE CONDITION. RENEWED INTEREST IN THIS MODE OF PUNISHMENT OCCURRED IN THE EARLY 1970'S. AMONG THE NEW DEVELOPMENTS ARE PROGRAMS TO PROVIDE STATE-FUNDED COMPENSATION TO VICTIMS OF VIOLENT CRIMES, AND VICTIM-ASSISTANCE PROJECTS THAT RENDER AID THROUGH A MORE SERVICE-ORIENTED APPROACH INCLUDING COUNSELING, REFERRAL, AND LEGAL AND MEDICAL ADVICE. IN 1972, THE FIRST RESTITUTION PROGRAM BEGAN OPERATION AT THE MINNESOTA RESTITUTION CENTER, AND AS MORE PROGRAMS BEGAN TO DEVELOP, LEAA AWARDED $2 MILLION IN GRANTS TO THE STATES OF COLORADO, CONNECTICUT, GEORGIA, MAINE, MASSACHUSETTS, AND OREGON TO EXAMINE THE CONCEPT OF RESTITUTION. THE CRIMINAL JUSTICE RESEARCH CENTER IN ALBANY, N.Y., ALSO RECEIVED FUNDS TO EVALUATE THE SEVEN PROJECTS. A NUMBER OF UNRESOLVED ISSUES CONCERNING RESTITUTION REMAIN. FOR INSTANCE, THE ARREST FOR PROPERTY CRIMES, THOSE MOST SUITABLE FOR A RESTITUTION REMEDY, IS LOW; SOME VICTIMS RECEIVE INSURANCE BENEFITS FOR DAMAGES RESULTING FROM A CRIME AND RESTITUTION WOULD DUPLICATE THESE BENEFITS; IN CASES OF MULTIPLE VICTIMS, PAYMENT PRIORITY MIGHT BE A PROBLEM; THE AMOUNT TO BE PAID IN RESTITUTION WOULD HAVE TO BE ASSESSED BY TAKING ACCOUNT OF THE ORIGINAL COST OF AN ITEM AND THE DEPRECIATION ON THE ITEM. REFERENCES ARE PROVIDED. (MJW)