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NCJ Number: 63142 Find in a Library
Title: RESTITUTION - LEGAL ANALYSIS
Author(s): R GOTTESMAN; L MOUNTZ
Corporate Author: National Council of Juvenile and Family Court Judges
United States of America
Date Published: 1979
Page Count: 24
Sponsoring Agency: National Council of Juvenile and Family Court Judges
Reno, NV 89507
Sale Source: National Council of Juvenile and Family Court Judges
P.O. Box 8970
Reno, NV 89507
United States of America
Language: English
Country: United States of America
Annotation: THOUGH RESTITUTION DOES HAVE SOME INHERENT PUNITIVE ASPECTS, THE OVERALL BENEFIT TO BOTH THE OFFENDER AND THE VICTIM WITH ITS USE IS CONSISTENT WITH REHABILITATIVE GOALS.
Abstract: HOWEVER, RESTITUTION PROGRAMS SHOULD COMPLY WITH THE EQUAL PROTECTION CLAUSE OF THE 14TH AMENDMENT BY ESTABLISHING NEUTRAL GUIDELINES FOR SELECTION AND THE FILLING OF VACANCIES AND BY REFUSING TO DISCRIMINATE AGAINST OFFENDERS BASED ON THEIR INABILITY TO PAY. SUCH PROGRAMS SHOULD ALSO PROTECT PARTICIPANTS' DUE PROCESS RIGHTS BY ENSURING THAT JUVENILES WHO HAVE NOT BEEN ADJUDICATED GUILTY OF ANY OFFENSE ARE NOT COERCED INTO ENTERING THE PROGRAM NOR DENIED THEIR RIGHT TO CHALLENGE THEIR REQUIRED PARTICIPATION WHEN THEY ARE IN THE PROGRAM. DUE PROCESS RIGHTS SHOULD ALSO INCLUDE THE PARTICIPANT'S RIGHT TO COUNSEL AT THE DISPOSITIONAL STAGE OF PROCEEDINGS AND THE RIGHT TO REFUTE INACCURATE PRESENTENCE REPORTS. DETAILS OF THE PROGRAM SHOULD BE MADE CLEAR TO JUVENILES 1 HOUR BEFORE A DECISION DEADLINE AND THE DETAILS OF WORK ASSIGNMENT, SCOPE OF PAYMENT, AND INFRACTIONS WHICH MIGHT CONSTITUTE A BREACH OF THE AGREEMENT SHOULD BE OUTLINED. ADDITIONAL DUE PROCESS PROTECTION SHOULD BE PROVIDED IF PROGRAM PARTICIPANTS FACE ADDITIONAL LOSS OF PROPERTY OR LIBERTY RESULTING FROM INFRACTIONS OF THE RESTITUTION ORDER, OR THE PARTICIPANT FACES PROBATION REVOCATION. OTHER ELEMENTS OF RESTITUTION PROGRAMS THAT SHOULD BE CONSIDERED ARE: ELIGIBILITY CRITERIA USED IN IMPLEMENTING RESTITUTION PAYMENTS; SCOPE OF PAYMENT; PARENTAL LIABILITY; LABOR-RELATED ISSUES SUCH AS WORKING PAPERS, WAGES, HOURS, AND CONDITIONS; LIABILITY-INSURANCE ISSUES; AND THE VICTIM'S PARTICIPATION AND ROLE IN THESE PROGRAMS. FOOTNOTES ARE PROVIDED. (AOP)
Index Term(s): Alternative dispute settlement; Alternatives to institutionalization; Child custody; Community service order; Court of limited jurisdiction; Equal Protection; Family courts; Juvenile adjudication; Juvenile court procedures; Restitution; Restitution centers; Restitution programs; Right to Due Process; State courts; Victim compensation
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63142

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