RESTITUTION AS AN INTEGRATIVE PUNISHMENT (FROM ASSESSING THE CRIMINAL - RESTITUTION, RETRIBUTION, AND THE LEGAL PROCESS 1977 BY RANDY E BARNETT AND JOHN HAGEL 3D - SEE NCJ-46958)

• NCJ Number: 46973
• Author(s): B GALAWAY
• Date Published: 1977
• Length: 17 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

VARIOUS TYPES OF RESTITUTION PROGRAMS AND ADVANTAGES OF THE USE OF RESTITUTION AS A CRIMINAL JUSTICE SANCTION ARE DISCUSSED.

Abstract

RESTITUTION REFERS TO A SANCTION IMPOSED BY AN AUTHORIZED OFFICIAL OF THE CRIMINAL JUSTICE SYSTEM THAT REQUIRES THE OFFENDER TO MAKE A MONEY OR SERVICE PAYMENT EITHER TO THE DIRECT VICTIMS OF THE CRIME OR TO SUBSTITUTE VICTIMS. THE DEFINITION IS BROAD ENOUGH TO ENCOMPASS A NUMBER OF RESTITUTION TYPES: (1) MONETARY PAYMENTS BY THE OFFENDER TO THE DIRECT OR ACTUAL VICTIMS OF THE CRIME, EITHER DIRECTLY OR THROUGH AN INTERMEDIARY (THE MOST PREVALENT TYPE OF RESTITUTION); (2) MONETARY PAYMENTS MADE BY THE OFFENDER TO SOME COMMUNITY AGENCY (THIS DIFFERS FROM A FINE IN THAT THE RECIPIENT IS SOME CHARITABLE ORGANIZATION); (3) PERSONAL SERVICE BY THE OFFENDER TO THE VICTIM (THIS TYPE IS INFREQUENTLY USED); AND (4) SERVICE TO THE COMMUNITY BY THE OFFENDER. IN MANY COMMUNITIES, ONE OF THESE TYPES OF RESTITUTION IS REQUIRED AS A CONDITION OF PROBATION. THE IDEA OF RESTITUTION HAS BEEN FOUND TO APPEAL BOTH TO LIBERALS, AS IT TREATS OFFENDERS MORE HUMANELY, AND TO CONSERVATIVES, AS IT REQUIRES OFFENDERS TO PAY FOR THEIR CRIME AND AT THE SAME TIME HELPS THE VICTIM FOUR MAJOR REASONS FOR ASSIGNING RESTITUTION A DEFINITE ROLE IN THE CRIMINAL JUSTICE SANCTIONING SYSTEM ARE EXAMINED: (1) RESTITUTION SHOULD HAVE A LARGER ROLE IN THE CRIMINAL JUSTICE SYSTEM BECAUSE THE PRACTICE PROVIDES AN ALTERNATIVE PUNISHMENT THAT CAN BE USED EITHER IN ADDITION TO OR INSTEAD OF THE SANCTIONS CURRENTLY AVAILABLE; (2) THE RESTITUTION SANCTION HAS THE POTENTIAL FOR RECONCILING VICTIMS AND OFFENDERS; (3) RESTITUTION WILL PROVIDE A VEHICLE FOR THE INCLUSION OF THE VICTIM INTO THE CRIMINAL JUSTICE PROCESS; AND (4) RESTITUTION PROCEDURES CAN BE INTEGRATED INTO THE CURRENT ORGANIZATIONAL STRUCTURES WITHOUT THE NEED FOR ADDITIONAL PROGRAMS OR BUREAUCRACIES REQUIRING SUBSTANTIAL PUBLIC EXPENDITURES. THE AUTHOR CONCLUDES THAT THE CONTINUED, CAUTIOUS DEVELOPMENT OF RESTITUTION PROGRAMMING IS ONE OF THE MOST HOPEFUL AND POTENTIALLY CONSTRUCTIVE APPROACHES TO CRIMINAL JUSTICE REFORM. (VDA)