NCJ Number
97522
Date Published
1985
Length
39 pages
Annotation
This text provides an overview of the concept and use of restitution, discusses the scope and legal limitations of this type of sentence, and reviews existing New York State legislation and statutes on restitution.
Abstract
The practice of restitution is traced to ancient societies, and the refinement of the concept in later societies is chronicled. Four types of restitution are characterized: monetary restitution to the victim, monetary restitution to the community, victim service restitution, and community service restitution. Systems and sociological issues are identified, and factors which limit the viability of restitution as a criminal sanction are noted. Legal issues pertaining to restitution are described, and restitution is examined at various stages within the judicial system. Attention is focused on private restitution, compromise and settlement, civil remedies and public compensation, pretrial restitution, restitution at sentencing, and restitution and incarceration. Substantive and procedural issues which affect the extent to which restitution is available as a legal sanction are considered; ways in which these issues relate to the New York State approach to restitution are explored. Legally eligible recipients, offense limitations, recoverable losses, and conflicting issues are detailed; procedural safeguards and regularity involved in restitution orders are defined. Finally, the limited use of restitution as a sanction by both adult and juvenile court judges in New York State is noted; a new law permitting the imposition of restitution as a sanction in cases where judges have discretion in determining the type of sentence is examined. Included are 109 references.