NCJ Number
87125
Journal
Bewaehrungshilfe Volume: 29 Issue: 2 Dated: (1982) Pages: 141-153
Date Published
1982
Length
13 pages
Annotation
Restitution and victim compensation have been instituted in the United States to shift the focus of justice from the behavior of the offender to victim needs.
Abstract
Restitution in the form of service or payment refers to the material reimbursement of losses incurred through victimization; victim compensation implies broader psychological, physical, and social damage of victimzation and is imposed through civil litigation. Although the same trend is evidenced throughout the country, programs are not uniform. Restitution programs are variously organized at the State (Wisconsin) or local levels (Camden, N.J.), or by citizen interest groups (Western Arkansas Juvenile Restitution Project). Restitution is found as a judicial option at various stages of juvenile processing -- as pretrial diversion, as sentence upon conviction, or as part of the correctional program. Most restitution orders at the diversion stage in the juvenile justice system are handled by juvenile probation departments. Individual restitution plans are worked out by a procedure that mediates between the interests of the victim and the offender. Restitution can only be imposed if the offender's guilt has been proven and if he is in a position to meet the restitutional requirements. Restitution is primarily used with property offenders. The dominant critique of restitutional programs concerns expansion of the formal social control networks to the diversion stages. Charts, tabular data, and 27 footnotes are given.