NCJ Number
67844
Date Published
1979
Length
15 pages
Annotation
THIS BOOKLET PRESENTS A BRIEF OVERVIEW OF THE JUVENILE RESTITUTION PROCESS, ITS BACKGROUND, AND ITS FUTURE IN WISCONSIN AS AN ALTERNATIVE THAT HAS DEVELOPED FROM THE REVISION OF WISCONSIN'S JUVENILE CODE IN NOVEMBER 1978.
Abstract
ALTHOUGH OFFENDERS WERE INFORMALLY REQUIRED TO MAKE RESTITUTION FOR THEIR MISDEEDS BEFORE THE MIDDLE AGES, AS HISTORY PROGRESSED, THE RIGHT OF THE INJURED WAS SLOWLY SEPARATED FROM CRIMINAL LAW. SINCE THE 1950'S RENEWED INTEREST IN LEGISLATION TO PROVIDE MONETARY COMPENSATION TO VICTIMS OF CRIME HAS BEEN ACCOMPANIED BY SEVERAL FORMAL JUVENILE RESTITUTION PROGRAMS. THE WISCONSIN JUVENILE RESTITUTION PROJECT WAS PUT INTO OPERATION IN 10 COURT JURISDICTIONS IN 1979. IN ITS SIMPLEST FORM, JUVENILE RESTITUTION INVOLVES A 12TO 17-YEAR-OLD OFFENDER REPAYING A VICTIM FOR LOSS OR DAMAGES EITHER THROUGH MONETARY PAYMENT (THE YOUTH FORFEITS PERSONAL SAVINGS OR WORKS ON A JOB), COMMUNITY SERVICE (A SYMBOLICALLY REPAYING OF LOSSES INCURRED BY THE COMMUNITY), OR VICTIM SERVICE (YOUTH WORKS VOLUNTARILY FOR THE VICTIM). JUVENILE RESTITUTION IS BASED ON THE ASSUMPTION THAT BY HAVING TO FORFEIT TIME AND RESOURCES TO REPAY THE VICTIM, THE YOUTH WILL BECOME MORE AWARE OF THE CONSEQUENCES OF DELINQUENT ACTIONS, BECOME MORE RESPONSIBLE FOR ACTIONS, WILL ESCAPE BEING LABELED AS CRIMINAL, AND WILL BE DETERRED FROM FURTHER DELINQUENT ACTIVITY. IN THE JUVENILE COURT PROCEDURE, YOUTHS CAN BE DIVERTED FROM FORMAL COURT PROCEEDINGS, OR GO THROUGH THE COURT; RESTITUTION CAN BE ORDERED AT ANY STAGE OF FORMAL OR INFORMAL PROCEDURES. BECAUSE OF THE PILOT NATURE AND GRANT PROVISIONS OF THE WISCONSIN PROJECT, ONLY YOUTHS JUDGED DELINQUENT ARE ELIGIBLE FOR INVOLVEMENT IN THE PROGRAM. PROGRAMS CAN OPERATE FROM DIFFERENT BUREAUS, POLICE DEPARTMENTS, OR SOCIAL OFFICES, BUT ANY AGENCY DEALING WITH A PROGRAM MUST HAVE A FULL-TIME STAFF. MORE AND MORE FUNDS ARE BECOMING AVAILABLE, AND THE PROGRAM HAS PROVED TO BE A BARGAIN AS COMPARED TO OTHER METHODS OF JUVENILE REHABILITATION. NEVERTHELESS, THE FUTURE OF RESTITUTION WILL DEPEND ON COMMUNITY SUPPORT, GOVERNMENTAL ACTION TO PROVIDE MORE DIRECTION AND FUNDING, AND THE SUPPORT OF THE JUDICIAL SYSTEM. THE PAMPHLET PROVIDES INFORMATION ON ADDITIONAL RESOURCES.