NCJ Number
66440
Journal
ORACLE Dated: (1978) Pages: 18-25
Date Published
1978
Length
7 pages
Annotation
A NEW SECTION SHOULD BE INTRODUCED INTO THE CRIMES ACT 1958 OF VICTORIA, AUSTRALIA, TO ALLOW A SENTENCE ORDERING OFFENDER RESTITUTION TO THE VICTIM.
Abstract
RESTITUTION INVOLVES THE RESTORATION OF AN OBJECT TO ITS ORIGINAL STATE OR PROPER OWNER AND INCLUDES REPARATION FOR INJURIES. IT IS LIMITED FINANCIAL RESTITUTION WHICH DOES NOT INCLUDE APOLOGIES FOR THE WRONG DONE NOR THE NOTION OF PAYING BACK BY MEANS OF WORK. THE ASSUMPTION IS MADE IN CURRENT POLICY THAT THE VICTIM WOULD BE SATISFIED BY THE PUNISHMENT OF THE PERPETRATOR. HOWEVER, THIS SATISFACTION IS SOMEWHAT WEAKENED BY MODERN PENOLOGY'S EMPHASIS ON REHABILITATION OF THE OFFENDER RATHER THAN UPON PUNISHMENT. THROUGH RESTITUTION, THE OFFENDER CAN APPEASE THE VICTIM FOR THE SUFFERING EXPERIENCED. ALTHOUGH AN INDIVIDUAL MAY SHARE THE BROADER SOCIAL OBJECTIVES OF THE STATE, THE VICTIM'S IMMEDIATE AND HUMANLY UNDERSTANDABLE NEED IS FOR COMPENSATION FOR HARM PERSONALLY SUFFERED. FINANCIAL SETTLEMENT MAY ALSO SAVE THE VICTIM FROM THE NEED TO SEEK REDRESS BY MEANS OF A CIVIL ACTION. A COURT ORDER FOR RESTITUTION WOULD PROVIDE A QUICK AND SIMPLE MACHINERY TO BE USED IN RELATIVELY STRAIGHTFORWARD CASES. MOREOVER, RESTITUTION IMPRESSES RESPONSIBILITIES UPON THE OFFENDER BY REQUIRING A CONSTRUCTIVE REDIRECTION OF WHATEVER MOTIVATED THE OFFENSE. THE MOST EFFECTIVE MEANS OF IMPLEMENTING THESE PROPOSALS IS TO INTRODUCE NEW LEGISLATION ALLOWING A COURT TO PASS A SENTENCE OF RESTITUTION TO THE VICTIM, WITHOUT THE NECESSITY OF A FURTHER SENTENCE. THE LEGISLATION SHOULD BE DESIGNED TO REPEAL THE PRINCIPAL RESTITUTION AND COMPENSATION PROVISIONS CURRENTLY IN OPERATION. THE SENTENCE OF RESTITUTION SHOULD ALSO BE OPEN TO ALL COURTS. A DRAFT SECTION AND FOOTNOTES ARE PROVIDED.