Restitution/Community Service - The Legal Issues (From Restitution Programs in Juvenile and Family Court, 1982, Tape R-10 - See NCJ-91403)

• NCJ Number: 91415
• Author(s): J Tolan; S Bilchick
• Date Published: 1982
• Length: 0 pages
• Sale Source: National Council of Juvenile and Family Court Judges
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Running time: 1 hr. The full presentation is not included on the tape.

Annotation

This examination of the legal issues involved in the use of restitution programs for juveniles reviews case law bearing upon the rights of due process and equal protection.

Abstract

In examining the legal issues related to restitution, it is concluded that there is no constitutional barrier to restitution per se, but its application must conform to certain constitutional requirements. In using restitution as a form of court diversion, issues of due process arise. It is advised that the juvenile must make a knowing and intelligent choice in waiving the right to a court hearing in favor of entrance into a preadjudication restitution program. This should involve the juvenile's consultation with parents and ideally an attorney. Further, there must be probable cause for an arrest and prosecution before the diversion option is offered. Equal protection issues are advised to require the setting of written policy by which all persons considered for restitution are to be processed. In cases of noncompliance, conditions for violation must be specified either in the diversion order or the court order so as to avoid successful challenges to due process. Equal protection is also advised to require that precise and fair means for setting restitution amounts be instituted and that persons selected for restitution programs not be characterized by inability to pay fines or victim compensation.