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Practice of Restitution - A Victim Perspective - Criminal Justice and the Elderly

NCJ Number
74058
Author(s)
R Hofrichter
Date Published
1980
Length
281 pages
Annotation
Restitution programs throughout the United States were examined from the victim perspective and recommendations proposed to increase victim involvement and improve victim services.
Abstract
Initially, this project adopted the following standards for effective restitution programs: victim benefits should be available for a broad range of offenses and restitution orders monitored and fulfilled quickly; victims should be assisted in filing for restitution as well as in locating needed social services; and victims should be involved in every phase of the restitution process. Study data were collected from a mail contact with 27 restitution programs, site visits to 11 programs in 8 States, and telephone interviews with officials in 6 additional programs. Literature on the practice and philosophy of restitution was reviewed, but offered few insights on the victim's needs and role. The restitution programs' responses to victims were evaluated according to program objectives, eligibility requirements, level of case screening, design and management of a restitution plan, victim involvement, and victim assistance. The study found that victim compensation varied considerably among programs and could be limited by narrow eligibility requirements, inability of offenders to pay restitution, failure of programs to provide funds for social services needed by victims, and restriction of restitution to minor offenses. Other problems included screening procedures with few standards and the many judges' resistance to restitution. In addition, many programs do not adequately inform victims about restitution and fail to involve them in negotiations. Consequently, victims may become cynical about the justice system and confused about the capabilities of restitution programs. When victim services are located within prosecutorial or probation departments, victims often receive little attention. Alternatives include creating a separate staff to handle victim services or placing this component within the restitution program. Another issue concerning victim assistance is whether such services should be organized through one program or through several programs, each targeted on a special type of client. Types of services that victims need throughout the restitution process are outlined. Ways of expanding restitution, increasing victim participation in restitution decisions, and broadening the scope of victim services are recommended. Footnotes accompany each chapter. The appendix lists the restitution programs contacted for this study and contains several programs' informational materials including victim questionnaires, restitution agreements, and victim interview schedules.