MAKING THE OFFENDER PAY - REVITALIZING AN ANCIENT IDEA (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)

• NCJ Number: 63741
• Author(s): B GALAWAY
• Date Published: 1979
• Length: 18 pages
• Corporate Author: Carolina Academic Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS ESSAY EXAMINES RESTITUTION AS A SANCTION FOR OFFENDERS, STUDYING THE KINDS OF RESTITUTION, THE PRACTICAL PROBLEMS, AND ITS ADVANTAGES.

Abstract

CONTEMPORARY RESTITUTION CAN BE CLASSIFIED IN FOUR WAYS: (1) THE OFFENDER MAKES A MONETARY PAYMENT TO THE VICTIM OF THE CRIME; (2) THE OFFENDER MAKES A MONETARY PAYMENT TO SOME SUBSTITUTE VICTIM SUCH AS A COMMUNITY CHARITY; (3) THE OFFENDER MAKES PAYMENT TO THE VICTIM IN THE FORM OF SERVICE, (4) THE OFFENDER PROVIDES A SERVICE TO SOME COMMUNITY ORGANIZATION. EXAMPLES OF THE FOUR TYPES CAN BE FOUND WORLDWIDE, GEORGIA AND MINNESOTA RESTITUTION CENTERS (TYPE I AND II), THE PILOT ALBERTA RESTITUTION PROGRAM OF BRITISH COLUMBIA (TYPE III) AND THE COMMUNITY SERVICES ORDER PROGRAM OF GREAT BRITAIN (TYPE IV). THEIR INCREASING POPULARITY IS DUE PARTLY TO THE ADVANTAGES OF RESTITUTION AS A SANCTION ALTERNATIVE, A METHOD TO ALLOW VICTIM PARTICIPATION IN THE JUSTICE PROCESS, AND AN OPPORTUNITY FOR VICTIM-OFFENDER RECONCILIATION. PRACTICAL ISSUES OF RESTITUTION, HOWEVER, OFTEN CAUSE PROBLEMS. THESE INCLUDE METHODS FOR DETERMING THE AMOUNT TO BE REPAID, PARTICULARLY IN CASES OF NONTANGIBLE LOSS OR WHEN EXCESSIVE RESTITUTION MAY BE REQUESTED; METHODS OF ENFORCING THE OBLIGATION; ADMINSTRATIVE COSTS OF RESTITUTION; THE QUESTION OF VICTIM CULPABILITY. BOTH ARBITRATION AND NEGOTIATION PROCEDURES ARE USED TO DETERMINE THE AMOUNT OF THE RESTITUTION OBLIGATION. MAJOR PROJECTS ARE BEING FUNDED TO STUDY RESTITUTION AND ITS ADMINSTRATION. DISCUSSION QUESTIONS AND NOTES COMPLETE THE TEXT. (RFC)