Restitution Statutes and Cases - Some Substantive and Procedural Constraints (From Victims, Offenders, and Alternative Sanctions, P 151-169, 1980, Joe Hudson and Burt Galaway, ed. - See NCJ-74113)

• NCJ Number: 74124
• Author(s): A T Harland
• Date Published: 1980
• Length: 19 pages
• Sale Source: Lexington Books
• Language: English
• Country: United States of America

Annotation

This paper presents an analysis of statutes and case law regarding the use of monetary restitution with adult offenders, based on a delineation of both the substantive and procedural parameters within which restitution must be applied.

Abstract

Because of the great volume of statutes, case law, and legal commentary on the subject of restitution, the author disclaims any attempt at a detailed and full treatment of these questions; this study gives only an illustrative overview of some of the major legal issues that have been raised and, where possible, an assessment of the weight of opinion on each question. The issues discussed involve consideration of restitution as an alternative to imprisonment, defining the victim, offense limitations, recoverable losses, competing factors (e.g., the defendants' ability to pay balanced against their other financial obligations), imposition procedures, and enforcement provisions. The general trends emerging from a review of all the statutes and cases on restitution point to a likely increase of this type of disposition. Among the points requiring further research, the author cites close scrutiny of the procedural differences between criminal and civil courts where the two systems may overlap in restitution dispositions. Endnotes include a list of 163 court decision citations.