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NCJRS Abstract

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NCJ Number: 62799 Find in a Library
Title: RESTITUTION AS A CONDITION OF PROBATION
Author(s): S H CLARKE
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1978
Page Count: 4
Sponsoring Agency: University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Sale Source: University of North Carolina at Chapel Hill School of Government
Knapp-Sanders Building
Campus Box 3330
Chapel Hill, NC 27599-5381
United States of America
Language: English
Country: United States of America
Annotation: BASED ON NORTH CAROLINA LAW, SUGGESTIONS ARE MADE FOR COURT OFFICIALS TO ALLEVIATE PROBATION OFFICERS' DIFFICULTIES IN ENSURING THAT RESTITUTION PAYMENTS ARE MADE.
Abstract: RESTITUTION PAYMENTS AS A CONDITION OF PROBATION MUST BE MADE TO AN INDIVIDUAL OR ORGANIZATION FOR DAMAGE OR LOSS RESULTING FROM THE OFFENSE FOR WHICH THE DEFENDANT HAS BEEN CONVICTED. THE AGGRIEVED PARTY MAY BE A POLICE AGENCY RECEIVING RESTITUTION OF A SUM PAID TO THE DEFENDANT WHILE OBTAINING EVIDENCE OF THE CRIME. THE AMOUNT OF RESTITUTION SHOULD BE DETERMINED IN VIEW OF THE DEFENDANT'S ABILITY TO PAY, AND THE PRECISE TOTAL AND MANNER OF PAYMENT SHOULD BE CLEARLY DEFINED. FINES AND COURT COSTS SHOULD BE IMPOSED ACCORDING TO SIMILAR CRITERIA. ORDERING PAYMENT OF ATTORNEY COSTS IS RECOMMENDED ONLY WHEN THE DEFENDANT CAN CLEARLY PAY, SINCE THE RIGHT TO APPOINTED COUNSEL IS CONSTITUTIONALLY GUARANTEED. THE DEFENDANT HAS A RIGHT TO RAISE THE AFFIRMATIVE DEFENSE OF GOOD-FAITH INABILITY TO PAY IN A PROCEEDING TO REVOKE PROBATION. RESTITUTION DOES NOT ABRIDGE THE VICTIM'S RIGHT TO BRING CIVIL ACTION AGAINST THE OFFENDER. THESE CONSIDERATIONS SHOULD HELP COURT OFFICIALS CONTRIBUTE TO THE EFFECTIVENESS OF RESTITUTION AS AN IMPORTANT ASPECT OF PROBATION AND SUSPENDED SENTENCE CONDITIONS. (MRK)
Index Term(s): Court management; Laws and Statutes; North Carolina; Probation or parole officers; Restitution; Victim compensation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62799

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