NCJ Number
97043
Journal
Notre Dame Law Review Volume: 59 Issue: 3 Dated: (1984) Pages: 685-716
Date Published
1984
Length
32 pages
Annotation
This article provides an historical overview of restitution, discusses current restitution programs, examines the Victim and Witness Protection Act (VWPA), and critiques the case of United States v. Welden.
Abstract
The objectives of the VWPA are identified, and its provisions are considered. Further, attention is directed to the two restitution provisions of Section 5. Section 3579 of Title 18 allows Federal courts to order persons convicted of any Title 18 offense, or aircraft piracy under Title 49, to make restitution to 'any victim of the offense.' The restitution may be made in money or, if the victim or his estate consents, in services, and the restitution may be made to another person or organization designated by the victim or the victim's estate. Further, the second of Section 5's restitution provisions, Section 3580 of Title 18, lists factors which the court may consider when determining the amount of restitution, including the victim's loss and the defendant's resources. In United States v. Welden, the Federal District Court for Northern Alabama held that the restitution provisions of the VWPA were constitutionally infirm. However, the court is believed to have erred in four respects in concluding that the restitution provisions of the VWPA failed to comply with the seventh amendment. That the Constitution does not require the procedural and substantive safeguards that the Welden court held essential to the restitution hearing is noted, and the need for the restitution provisions of the VWPA to be given a fair chance to compensate victims is emphasized. Included is a list of 202 references.