RESTITUTION BY CRIMINAL OFFENDERS - A SUMMARY AND OVERVIEW (FROM RESTITUTION IN CRIMINAL JUSTICE, 1977, BY JOE HUDSON AND BURT GALAWAY - SEE NCJ-41838)

• NCJ Number: 48001
• Author(s): G GEIS
• Date Published: 1977
• Length: 18 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

HISTORICAL, PROGRAMMATIC, AND EVALUATION ISSUES RELATED TO THE CONCEPT OF RESTITUTION BY OFFENDERS TO THEIR VICTIMS ARE SUMMARIZED.

Abstract

A CONSIDERABLE PORTION OF THE APPEAL OF RESTITUTION PROGRAMS FOR DEALING WITH CRIMINAL OFFENDERS LIES IN WHAT IS GENERALLY REGARDED AS THE ALMOST TOTAL BANKRUPTCY OF EXISTING CORRECTIONAL APPROACHES. IMPRISONMENT, IN PARTICULAR, HAS COME TO BE VIEWED AS A COUNTERPRODUCTIVE PROCESS THAT IS UNABLE TO DETER OFFENDERS AND THOSE FOR WHOM OFFENDERS MIGHT SERVE AS OBJECT LESSONS FROM COMMITTING SUBSEQUENT CRIMES. TREATMENT REGIMENS FOR CRIMINAL OFFENDERS, MOST OF WHICH ARE BASED ON COUNSELING MODALITIES, HAVE COME UNDER ATTACK, BASED PRIMARILY ON EVALUATIONS OF THEIR IMPACT ON CRIMINAL RECIDIVISM. RESTITUTION IS ONE IN A SERIES OF COMPETING PROPOSALS FOR DEALING WITH CRIMINAL ACTIVITY. HISTORICAL EXPERIENCE SHOWS THAT RESTITUTION SCHEMES MUST BE BLENDED IN SOME MANNER WITH EMERGING VICTIM COMPENSATION PROGRAMS. A CONTEXTUAL BACKGROUND MUST BE ESTABLISHED TO IDENTIFY CONDITIONS WHICH GIVE RISE TO RESTITUTIVE SCHEMES AND THE ENDS WHICH SUCH SCHEMES SERVE. SATISFACTORY PROCEDURES FOR ASSESSING DAMAGES SUBJECT TO RESTITUTIVE PROCESSES WILL HAVE TO BE ESTABLISHED. A DISCUSSION OF MAJOR PROGRAMMATIC ISSUES IN RESTITUTION CONSIDERS THE ACTORS INVOLVED, THEIR INTENTIONS, AND THE OUTCOME OF RESTITUTION. THE ADMINISTRATION OF RESTITUTION PROGRAMS CAN BE LOCATED AT VIRTUALLY ANY POINT IN THE CRIMINAL JUSTICE CONTINUUM. A RESTITUTION PROGRAM MAY ALSO BE SEPARATED FROM TRADITIONAL CRIMINAL JUSTICE AUSPICES AND BE ADMINISTERED BY AN EXISTING OR NEWLY ESTABLISHED PUBLIC OR PRIVATE AGENCY. DEFINING ELIGIBILITY FOR PARTICIPATION IN RESTITUTION PROGRAMS CONSTITUTES ONE OF THE LESS COMPLICATED PROGRAMMATIC ISSUES. THE IDEAL RESTITUTION PROGRAM IS ONE IN WHICH OFFENDERS REPAY VICTIMS FOR DAMAGE THAT HAS BEEN CAUSED AND ACQUIRE WORK DISCIPLINE AND VICTIMS GAIN CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM. ISSUES TO BE CONSIDERED IN CONDUCTING EVALUATIONS OF PROGRAMS CONCERN EXPERIMENTAL DESIGN AND THE NECESSITY FOR A CONSIDERABLE AMOUNT OF DESCRIPTIVE MATERIAL ABOUT RESTITUTION PROGRAMS WHICH ARE BEING EVALUATED. RESTITUTION SEEMS TO HAVE POTENTIAL FOR ALLEVIATING SOME OF THE PROBLEMS IN DEALING WITH CRIME AND CRIMINALS FACED BY THE CRIMINAL JUSTICE SYSTEM. NOTES ARE INCLUDED. (DEP)