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TOWARD THE RATIONAL DEVELOPMENT OF RESTITUTION (FROM RESTITUTION IN CRIMINAL JUSTICE, 1977, BY JOE HUDSON AND BURT GALAWAY - SEE NCJ-41838)

NCJ Number
47997
Author(s)
B GALAWAY
Date Published
1977
Length
13 pages
Annotation
WAYS IN WHICH CRIMINAL JUSTICE PLANNERS AND ADMINISTRATORS CAN CONTRIBUTE TO THE ORDERLY DEVELOPMENT OF RESTITUTION IN CRIMINAL JUSTICE AGENCIES ARE SUGGESTED.
Abstract
EXPERIENCE INDICATES THAT RESTITUTION PROGRAMS CAN BE ESTABLISHED BY A VARIETY OF CRIMINAL JUSTICE AGENCIES, THAT RESTITUTION CAN BE ADDED TO EXISTING SANCTIONS, AND THAT PROBLEMS IN DETERMINING THE FORM AND AMOUNT OF RESTITUTION ARE RESOLVABLE. THREE METHODS OF DEVELOPING SYSTEMATIC RESTITUTION PROGRAMS ARE EXAMINED: (1) CAREFUL ANALYSIS, ASSIMILATION, AND DISSEMINATION OF INFORMATION FROM EXISTING RESTITUTION PROJECTS; (2) CREATION OF CONDITIONS THAT PERMIT CONTROLLED EXPERIMENTATION WITH THE USE OF RESTITUTION; AND (3) DEVELOPMENT OF DESCRIPTIVE ACCOUNTS OF ALTERNATIVE RESOLUTIONS TO KEY QUESTIONS IN THE USE OF RESTITUTION. INFORMATION DISSEMINATION IS BEYOND THE ABILITY OF EXISTING RESTITUTION PROGRAMS OR AGENCIES THAT MAY BE CONSIDERING THE IMPLEMENTATION OF RESTITUTION PROGRAMMING. THEY MAY SHARE USEFUL INFORMATION WITH AGENCIES CONSIDERING IMPLEMENTING RESTITUTION PROGRAMS, HOWEVER, ABOUT TYPES OF OFFENDERS FOR WHOM RESTITUTION IS USED AS A SANCTION, HOW RESTITUTION IS OPERATIONALIZED, EXPERIENCES WITH VICTIMS, AND REACTION OF THE COMMUNITY TO RESTITUTION PROGRAMMING. A SIMPLE TYPOLOGY IS DEVELOPED USING TWO VARIABLES, WHETHER OFFENDERS MAKE RESTITUTION IN MONEY OR SERVICE AND WHETHER RECIPIENTS OF RESTITUTION CAN BE IDENTIFIED, TO AID IN CONTROLLED RESTITUTION EXPERIMENTS. FOUR TYPES OF RESTITUTION ARE MONETARY-VICTIM, MONETARY-COMMUNITY, SERVICE-VICTIM, AND SERVICE-COMMUNITY. PURPOSES OF RESTITUTION INVOLVE REDRESS FOR VICTIMS, LESS SEVERE SANCTIONS FOR OFFENDERS, REHABILITATION OF OFFENDERS, REDUCTION IN DEMANDS ON THE CRIMINAL JUSTICE SYSTEM, AND REDUCTION IN THE NEED FOR VENGEANCE. DEVELOPERS OF RESTITUTION PROGRAMS CAN IMPLEMENT RECORDKEEPING SYSTEMS AND CONDUCT DESCRIPTIVE STUDIES THAT DEAL WITH VICTIM INVOLVEMENT, PUBLIC ACCEPTANCE, AND IMPACT ON THE CRIMINAL JUSTICE SYSTEM. NOTES ARE INCLUDED. (DEP)