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Restitution Instead of Penalty

NCJ Number
88072
Journal
Kriminologisches Journal Volume: 14 Issue: 2 Dated: (1982) Pages: 126-136
Author(s)
D Frehsee
Date Published
1982
Length
11 pages
Annotation
This article advocates the development of restitution programs by the West German juvenile justice system as an alternative preferable to institutionalization and other correctional programs, which aim to deter or educate, but in reality accomplish neither.
Abstract
Restitution is an alternative that shifts the focus away from overinflated expectations of correctional programs oriented toward changing the offender's personality. Restitution is a more realistic approach that centers on the harm done and requires that the offender make reparations. Inherent in this exercise of justice is the potential for both sanctioning and educating the offender as well as appeasing the victim. Most importantly, the negative effects of incarceration can be avoided for juveniles if a restitution alternative exists. German juvenile justice law contains the legal framework for establishing restitution programs, but few have been implemented as yet. American programs are more advanced and provide a number of models for replication. The idea of monetary restitution of damages may have limited applicability to juveniles, but that of community service work, performed by young offenders in some area of social need, has potential. Approximately 60 references and footnotes are given.

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