U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

APPLICATIONS AND LIMITATIONS OF RESTITUTION (FROM OFFENDER RESTITUTION IN THEORY AND ACTION, 1978, BY BURT GALAWAY AND JOE HUDSON - SEE NCJ-49547)

NCJ Number
49551
Author(s)
O H MOWRER
Date Published
1978
Length
5 pages
Annotation
INFERENCES ABOUT THE SHORTCOMINGS OF RETRIBUTIVE PUNISHMENT ARE DRAWN FROM ANALYSES OF CHILD-REARING PRACTICES, AND THE POTENTIALS OF RESTITUTION AS AN ALTERNATIVE APPROACH ARE CONSIDERED.
Abstract
THE DISCUSSION OPENS WITH REFERENCE TO THE FUTILITY OF PARENTS' ENGAGING IN POWER STRUGGLES WITH THEIR CHILDREN. RELIANCE UPON NATURAL AND LOGICAL CONSEQUENCES -ALLOWING A CHILD, WITHIN REASON, TO EXPERIENCE THE CONSEQUENCES OF HIS OR HER ACTIONS -- AS AN ALTERNATIVE TO THE USE OF PUNISHMENT IN THE COMMON SENSE IS DISCUSSED. THE SUCCESSFUL USE OF THE CONCEPT OF NATURAL AND LOGICAL CONSEQUENCES AS DISCIPLINARY MEASURES IN THERAPEUTIC COMMUNITIES FOR DRUG ADDICTS IS NOTED. ALCOHOLICS ANONYMOUS' USE OF A FORM OF RESTITUTION IN ITS PROGRAM IS ALSO DISCUSSED. THE ORGANIZATION'S 12-STEP RECOVERY PROGRAM FOR ALCOHOLICS REQUIRES THAT AN EFFORT BE MADE TO MAKE AMENDS TO PERSONS WHO HAVE BEEN HARMED IN SOME WAY BECAUSE OF THE ALCOHOLIC'S BEHAVIOR. THE ADVERSE EFFECTS OF NOT ALLOWING CONVICTED OFFENDERS TO SPEND THEIR TIME PRODUCTIVELY ARE POINTED OUT, AS ARE ECONOMIC AND SOCIAL OBSTACLES TO IMPLEMENTING RESTITUTION AS AN ALTERNATIVE TO RETRIBUTION. REFERENCES ARE PROVIDED. (LKM)