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Restitution - Legal Analysis

NCJ Number
100339
Author(s)
R Gottesman; L Mountz
Date Published
1979
Length
23 pages
Annotation
This paper focuses on the mechanics of establishing a structured juvenile restitution program, as well as on the legal and constitutional requirements governing such programs.
Abstract
It reviews constitutional rights that program planners must consider. Equal protection issues discussed include standards for selection and discrimination based on the youth's inability to pay restitution. Due process requirements impacting a restitution order are reviewed, with attention to minor infractions and probation revocation. Suggestions regarding program content focus on two common criteria -- type of offense and offender's history and character -- and determining the scope of payment. Other subjects covered are parental liability for their children's acts and debts and the program's liability insurance needs. Labor-related concerns reviewed include hours, conditions of work, incentives, parental consent, and job sources. Finally, the restitution contract and victim participation are discussed. 4 references.