NCJ Number
68949
Date Published
1980
Length
41 pages
Annotation
THIS REPORT DESCRIBES THE PHILOSOPHY, DEVELOPMENT, AND RESULTS OF THE RESTITUTION PROGRAM CONDUCTED IN WINONA COUNTY, MINN.
Abstract
BEGUN IN 1972, THE PROGRAM IS AIMED AT NONVIOLENT FIRST OFFENDERS. THE GOAL IS TO IMPOSE POSITIVE SENTENCES THAT WILL BENEFIT THE VICTIM, THE COMMUNITY, AND THE OFFENDER. THE PROGRAM IS BASED ON THREE PREMISES: (1) MOST OFFENDERS ARE LOSERS WITH LOW SELF-ESTEEM AND A FEELING THAT THEY ARE NOT RESPECTED BY OTHERS; (2) TRADITIONAL COURT PENALTIES REINFORCE OFFENDERS' NEGATIVE SELF-ESTEEM; AND (3) THE GREATER AN OFFENDER'S INVOLVEMENT WITH THE CRIMINAL JUSTICE SYSTEM, THE MORE DIFFICULT IT IS TO BECOME FREE OF THE PROBLEM-CAUSING NEGATIVE PRESSURES. THUS, ALL SENTENCES ARE INTENDED TO ENHANCE THE OFFENDERS' SELF-ESTEEM WHILE COMPENSATING THE VICTIMS AND THE COMMUNITY. THE TRANSACTIONAL ANALYSIS TECHNIQUE OF TREATING PEOPLE AS ADULTS IS USED, WHICH INVOLVES OFFENDERS IN THEIR OWN SENTENCING. OFFENDERS, WITH GUIDANCE AND SUPPORT OF COURT SERVICE OFFICERS, PRESENT THE PROPOSED SENTENCE TO THE JUDGE FOR ACCEPTANCE, MODIFICATION, OR REJECTION. THE PROGRAM IS OFFERED TO NONVIOLENT ADULT MISDEMEANANTS. OFFENSES INCLUDE DISORDERLY CONDUCT, THEFT, SIMPLE ASSAULT, SHOPLIFTING, DRIVING UNDER THE INFLUENCE, RECKLESS DRIVING, AND VANDALISM. ABOUT 10 PERCENT OF THE MISDEMEANANTS ARE SUITABLE FOR THE PROGRAM. PENALTIES INCLUDE REPAYING THE VICTIM THROUGH MONEY OR SERVICES, REPAYING THE COMMUNITY BY WORKING FOR A CHARITABLE ORGANIZATION, AND DOING CONSTRUCTIVE ACTS SUCH AS ATTENDING VOCATIONAL SCHOOL OR ALCOHOLICS ANONYMOUS. BOTH LIABILITY INSURANCE AND CAREFUL EXPLANATION OF THE PROGRAM TO THE COMMUNITY ARE NECESSARY TO PREVENT PROBLEMS. A STUDY OF 815 OFFENDERS INVOLVED IN THE PROGRAM FROM 1973 TO 1976 SHOWED 2.7 PERCENT RECIDIVISM, COMPARED TO 27 PERCENT FOR THOSE SENT TO THE COUNTY JAIL. FUTURE GOALS INCLUDE OFFENDER PEER GROUP SESSIONS AND RESTITUTION FOR INCARCERATED OFFENDERS. FOOTNOTES INCLUDE REFERENCES; EXTENSIVE APPENDIXES PRESENT SENTENCING ALTERNATIVES, QUOTATIONS FROM THE MEDIA, SENTENCING GUIDELINES, CARTOONS, AND STATEMENTS ON THE PROGRAM'S PHILOSOPHY.