NCJ Number
65259
Date Published
1977
Length
21 pages
Annotation
OFFENDER RESTITUTION PROGRAMS ARE DISCUSSED; DEFINITIONS, ORIGINS OF PROGRAMS, CONTEMPORARY CONCEPTS, SIGNIFICANT ISSUES IN PROGRAM IMPLEMENTATION, AND PROGRAM CONTEXT IN THE CRIMINAL JUSTICE SYSTEM ARE EMPHASIZED.
Abstract
OFFENDER RESTITUTION IS THE DIRECT ACTION BY THE OFFENDER TO MAKE THE VICTIM AS NEAR 'WHOLE' AGAIN AS POSSIBLE. IT IS THUS DISTINGUISHABLE FROM MORE PURELY PUNITIVE SANCTIONS SUCH AS FINES OR INCARCERATION BECAUSE IT CONTEMPLATES PAYMENT OF MONEY OR TIME AND SKILLS TO THE VICTIM. WHILE FORMAL RESTITUTION PROGRAMS ARE CONSIDERED INNOVATIVE, THE CONCEPT OF OFFENDER RESTITUTION IS ANCIENT, DATING BACK TO APPROXIMATELY 1750 B.C. TODAY THE CONCEPT IS ENDORSED BY NATIONAL AUTHORITIES INCLUDING THE AMERICAN BAR ASSOCIATION AND THE AMERICAN LAW INSTITUTE. IN ADDITION TO FORMAL PROGRAMS, RESTITUTION MAY BE CARRIED OUT INFORMALLY AT THE DISCRETION OF THE POLICE OR PROSECUTOR. FORMAL RESTITUTION IS PART OF THE JUDICIAL PROCESS STRUCTURED BY SPECIFIC ADMINISTRATIVE CRITERIA. OTHER VICTIM-ORIENTED ALTERNATIVES TO MAKING THE VICTIM OF A CRIME WHOLE INCLUDE CIVIL REMEDIES SUCH AS TORT RECOVERY OF DAMAGES, INSURANCE, AND VICTIM COMPENSATION PROGRAMS. IMPLEMENTATION ISSUES WHICH MUST BE ADDRESSED FOR ANY RESTITUTION PROGRAM INCLUDE STRIKING A BALANCE BETWEEN VICTIM COMPENSATION AND OFFENDER REHABILITATION, DETERMINING TYPES OF OFFENSES FOR WHICH RESTITUTION IS MOST APPROPRIATE, AND IDENTIFYING THE PERSONAL CHARACTERISTICS AND PAYMENT CAPABILITY OF THE OFFENDER. RESTITUTION CAN BE USED MORE EXTENSIVELY AS A DISPOSITIONAL TECHNIQUE BUT SHOULD BE REGARDED AS AN APPROACH TO ONLY PART OF THE MANY PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM. RESTITUTION, IN CONJUNCTION WITH TRADITIONAL SANCTIONS AND INNOVATIVE APPROACHES LIKE VICTIM ASSISTANCE AND STATUTORY COMPENSATION PLANS, PROVIDES A FULLER ARRAY OF ALTERNATIVES FOR ASSURING JUSTICE TO BOTH VICTIMS AND OFFENDERS. FOOTNOTES, A SUGGESTED READING LIST, AND AN APPENDIX ARE PROVIDED IN THE PAPER. (LWM)