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RESTITUTION - AN ACCEPTABLE ALTERNATIVE TO PUNISHMENT AND REHABILITATION? (FROM SOURCE BOOK - CITIZEN ACTION IN CRIMINAL JUSTICE, 1978, BY D W DENTON AND J SPITZ - SEE NCJ-56111)

NCJ Number
56114
Author(s)
C L CHILES
Date Published
1978
Length
12 pages
Annotation
USING A RESEARCH PROJECT TO DETERMINE PUBLIC ATTITUDES TOWARD OFFENDERS WHO MAKE RESTITUTION AND THOSE WHO DO NOT, THIS REPORT EXAMINES THE SYSTEM OF RESTITUTION AS AN ALTERNATIVE TO PUNISHMENT AND REHABILITATION.
Abstract
THERE ARE ANCIENT AND MODERN PRECEDENTS FOR A CRIMINAL JUSTICE SYSTEM INVOLVING PUNISHMENT AND REHABILITATION AS SOCIETAL RESPONSES TO THE CONVICTED OFFENDER. THE NOTION OF PUNISHMENT AS A REMEDY IS PART OF THE JUDEO-CHRISTIAN ETHIC WITH ITS CONCEPT OF HELL AND A PUNITIVE GOD. HOWEVER, PUNISHMENT IS OFTEN OPPOSED BECAUSE IT IS SEEN AS BEING ANTITHETICAL TO TREATMENT. IN FACT, A SIGNIFICANT AMOUNT OF MONEY IS SPENT FOR COUNSELING, VOCATIONAL TRAINING, EDUCATION, AND THERAPY FOR THE OFFENDER. HOWEVER, IT IS SUGGESTED THAT RESTITUTION IS A MORE JUST AND EFFECTIVE METHOD OF DEALING WITH CRIME AND DELINQUENCY. A SYSTEM OF RESTITUTION FOR CRIME VICTIMS HAS EXISTED SINCE THE EARLY MIDDLE AGES, AND TODAY (1978) FIVE STATES HAVE LEGAL PROVISIONS FOR COMPENSATION TO VICTIMS OF VIOLENT CRIMES. TO DETERMINE PUBLIC ATTITUDES TOWARD OFFENDERS WHO MAKE RESTITUTION AS OPPOSED TO THOSE WHO DO NOT, A RESEARCH PROJECT WAS CONDUCTED USING TELEPHONE SURVEYS AND QUESTIONNAIRES OF RESIDENTS IN AUSTIN, TEXAS. ACCORDING TO THE FINDINGS OF THIS PROJECT, THERE IS SUFFICIENT EVIDENCE TO ACCEPT THE GENERAL HYPOTHESIS THAT THE GENERAL PUBLIC WILL HAVE A LESS PUNITIVE ATTITUDE TOWARD OFFENDERS WHO OFFER TO MAKE RESTITUTION. THEREFORE, IT IS CONCLUDED THAT REFORM IN THE CRIMINAL JUSTICE SYSTEM WILL INVOLVE A GREATER EMPHASIS ON RESTITUTION TO THE VICTIM BY THE OFFENDER. WHEREAS THE EXISTING THRUST OF CORRECTIONS EMPHASIZES CORRECTING THE BEHAVIOR OF THE OFFENDER, THE FUTURE APPROACH MAY WELL BE THAT OF HELPING AND/OR COERCING THE OFFENDER TO CORRECT THE WRONG DONE TO THE VICTIM. (WJR)