NCJ Number
60251
Date Published
1978
Length
19 pages
Annotation
THE NATURE AND HISTORY OF RESTITUTION, A CONCEPT OF CURRENT INTEREST DUE TO RENEWED ATTENTION TO VICTIMS AND TO THE IMPORTANCE OF LINKING OFFENSE AND SANCTION, IS DISCUSSED REGARDING ITS USE WITH JUVENILES.
Abstract
RESTITUTION IS A POSITIVE SANCTION, AND A PARTICULARLY APPROPRIATE ONE TO USE WITH JUVENILE OFFENDERS. IT IS AN OLD DEVICE, PROBABLY ORIGINATING FROM THE PENAL LAWS OF THE MIDDLE AGES, AND CAN BE DEFINED AS PAYMENTS BY AN OFFENDER IN CASH OR SERVICE TO THE VICTIM OR THE GENERAL COMMUNITY. RESTITUTION IS DISTINGUISHABLE FROM VICTIM COMPENSATION IN THAT IT IS PENAL IN NATURE, RATHER THAN MERELY BEING AN ATTEMPT TO OFFSET VICTIMS' LOSSES. THERE ARE SEVERAL JUVENILE JUSTICE STAGES IN WHICH RESTITUTION MIGHT OCCUR: THE PREADMINISTRATIVE STAGE, SUCH AS WHEN PAYMENTS BY PARENTS OF A SHOPLIFTER ARE MADE TO A BUSINESS TO AVOID PROSECUTION; THE ADMINISTRATIVE STAGE, RESULTING FROM INFORMAL DECISIONS MADE BY OFFICIALS (THE POLICE OR INTAKE OFFICERS); THE ADJUDICATION STAGE; AND THE POSTADJUDICATION STAGE. THE RATIONALE OF RESTITUTION PROGRAMS IS THAT THE OFFENDERS WILL RECOGNIZE THEIR RESPONSIBILITY TO THE VICTIM; THAT RESTITUTION PROTECTS THE ESSENTIAL DIGNITY OF THE OFFENDER; THAT RESTITUTION ALLOWS THE VICTIM SOME REDRESS AND ENHANCES THE PUBLIC'S SENSE OF JUSTICE; AND THAT IT INCREASES THE EFFECTIVENESS OF THE JUVENILE JUSTICE PROCESS BY KEEPING YOUNG OFFENDERS OUT OF THE POTENTIALLY HARMFUL PRISON ENVIRONMENT (SAVING CORRECTIONAL EXPENSE). HOWEVER, IN ADDITION TO THE COLLECTION OF AMBIGUOUS EVALUATION RESULTS ON THE SUCCESS OF RESTITUTION PROGRAMS, THE USE OF THIS SANCTION IS BEING COMPLICATED BY MANY PROGRAMMATIC ISSUES AND PROBLEMS. FOR EXAMPLE, NO PRECISE ROLE FOR THE VICTIM HAS BEEN DEFINED IN MANY PROGRAMS, FEW GUIDELINES AND PROCEDURES EXIST FOR STRUCTURING RESTITUTION, FEW WAYS HAVE BEEN IDENTIFIED TO INFORM THE PUBLIC THAT RESTITUTION IS BEING USED, AND ENFORCEMENT IS DIFFICULT. REFERENCES ARE PROVIDED. (DAG)