Victims, Restitution and Alternative Sentences (From Alternative Sentencing, Intermediate Sanctions and Probation, P 151-193, 1997, by Andrew R. Klein - See NCJ-176057)

• NCJ Number: 176062
• Author(s): A Klein
• Date Published: 1997
• Length: 43 pages
• Sale Source: Anderson Publishing Co
• Language: English
• Country: United States of America

Annotation

Restitution is examined with respect to the historical and current role of victims in sentencing; Federal and State restitution law; and restitution collection and practice.

Abstract

The concept of restitution dates to the era of premodern law systems, in which criminal acts were regarded as conflicts between the offender and the victims. Restitution combines features of punishment and treatment; it provides the defendant an opportunity to pay back the victim and become better integrated into the community. The change to involve the victim in the sentencing process and the offer of restitution may be paramount for the defense in convincing the court to impose an alternative sentence. In addition, victim involvement in sentencing and restitution allows prosecutors to address the needs and concerns of the victim while still being mindful of the need to engage in plea negotiations, use correctional and court resources efficiently, and ensure that justice is done. Moreover, victim involvement in sentencing and restitution helps courts restore a sentencing system that has ignored crime victims for too long. Finally, victim participation in victim-offender mediation offers the court an important means of breaking down offender rationalization, an efficient means to settle complicated and conflicting restitution claims, and a method of resolving underlying victim-offender conflict that the court has neither the time nor the means to address. Reference notes