RESTITUTION IN CROSS-CULTURAL PERSPECTIVE (FROM RESTITUTION IN CRIMINAL JUSTICE, 1977, BY JOE HUDSON AND BURT GALAWAY - SEE NCJ-41838)

• NCJ Number: 47994
• Author(s): L NADER; E COMBS-SCHILLING
• Date Published: 1977
• Length: 18 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

COMPONENTS OF THE RESTITUTION PROCESS AND THE POTENTIAL USE OF THE PROCESS AS A SANCTIONING MECHANISM ARE DISCUSSED, AND THE FUNCTIONING OF RESTITUTION IN NON-WESTERN SOCIETIES IS EXAMINED.

Abstract

FIVE COMPONENETS OF THE RESTITUTION PROCESS ARE EMPHASIZED: (1) DOMINANT LIABILITY PATTERN (INDIVIDUAL OR COLLECTIVE); (2) NATURE OF CRIMES OR ACTS FOR WHICH RESTITUTION IS APPLICABLE; (3) CRITICAL DETERMINANTS OF THE TYPE AND AMOUNT OF RESTITUTION, WHETHER IN KIND OR EQUIVALENCE; (4) PROCESS BY WHICH RESTITUTION IS AGREED UPON (WHO PAYS, TO WHOM IT IS PAID, AND WHO SHARES IN THE PROCESS); AND (5) FUNCTIONS OF THE RESTITUTION PROCESS. THE MAIN COMPONENTS OF RESTITUTION SYSTEMS IN SOCIETIES WITH COLLECTIVE LIABILITY ARE THE COMMISSION OF A RULE-BREAKING ACT, A COOLING OFF PERIOD WITH SOME MECHANISM FOR THE OFFENDER'S REFUGE WHILE THE CASE IS BEING EVALUATED, A PERIOD OF NEGOTATION BETWEEN TWO PARTIES OF A DISPUTE TO ARRIVE AT SOME MUTUALLY ACCEPTABLE COMPENSATION, DECISION ON THE PART OF A VICTIM'S GROUP TO ACCEPT OR REJECT THE OFFERED RESTITUTION, AND THE ACTUAL AWARD OF RESTITUTION. IDEAL FUNCTIONS/PURPOSES OF RESTITUTION INVOLVE PREVENTION, REHABILITATION, RESTITUTION, RESTATEMENT OF VALUES, SOCIALIZATION, AND REGULATION AND DETERRENCE. ALL SOCIETIES HAVE SOME FORM OF COLLECTIVE LIABILITY. EVEN IN SOCIETIES WHERE COLLECTIVE RESPONSIBILITY IS USED SPARINGLY AND FUNCTIONS MAINLY TO DEFINE RELATIONS BETWEEN GROUPS. IN SOME CASES, COLLECTIVE LIABILITY IS LINKED WITH A KINSHIP SYSTEM. THE SOCIAL, ECOLOGICAL, ECONOMIC, AND POLITICAL CONTEXT OF MOST NON-WESTERN SOCIETIES IS WIDELY DIVERGENT FROM 20TH CENTURY WESTERN POSTINDUSTRIALIZED SOCIETIES. IN SMALL-SCALE SOCIETIES, THE VICTIM IS A KEY COMPONENT THROUGHOUT THE REPARATION PROCESS. IN SOCIETIES WHERE OFFENDERS BELONG TO A SINGLE ECONOMIC CLASS, AS IN AMERICAN SOCIETY, OFFENDERS MAY OBJECT TO RESTITUTION BECAUSE IT SERVES THE INTERESTS OF THE RICH IN A LEGAL SYSTEM WHERE CRIMINAL LAW OR AT LEAST THE IMPLEMENTATION OF CRIMINAL LAW IS INCOME-BIASED AGAINST THE POOR AND INDIGENT. EXISTING RESTITUTION PROGRAMS MUST BE SET IN A WIDER CONTEXT, WITH ATTENTION PAID TO VERTICAL RATHER THAN HORIZONTAL SEGMENTS OF AMERICAN SOCIETY. NOTES ARE INCLUDED. (DEP)