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NCJRS Abstract

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NCJ Number: 134601 Find in a Library
Title: Restitution, Retribution, and the Constitution
Journal: Alaska Law Review  Volume:7  Issue:2  Dated:(December 1990)  Pages:333-350
Author(s): C R Pengilly
Date Published: 1990
Page Count: 18
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: To clarify the concept of restitution and how it works and to whom it applies, this article assesses the present state of the law of restitution in Alaska and identifies critical areas that need to be settled.
Abstract: At this time, Alaska's law of criminal restitution comprises two markedly opposed perceptions of what restitution is and should be which manifest themselves in numerous unresolvable conflicts among the cases, the statutes, and the legislative history. Trial courts operate without the benefit of a coherent body of law and consequently resolve restitution issues in inconsistent and idiosyncratic ways. A clear and definitive statement of what restitution is and what it should accomplish is needed, and, for policy reasons, the preferable course is for this statement to take the form of an analogy to civil damages. On this basis, it would be a fairly simple matter to generate procedural rules to compensate victims and rehabilitate offenders. 77 footnotes
Main Term(s): Law reform; Restitution
Index Term(s): Alaska; Appellate court decisions; State laws; State police
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