skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 65900 Find in a Library
Title: COURT ORDERED VICTIM-RESTITUTION - AN OVERVIEW OF THEORY AND ACTION
Journal: NEW ENGLAND JOURNAL ON PRISON LAW  Volume:5  Issue:2  Dated:(SPRING 1979)  Pages:135-150
Author(s): L SIEGEL
Corporate Author: New England School of Law
United States of America
Date Published: 1979
Page Count: 16
Sponsoring Agency: Fred B Rothman & Co
Littleton, CO 80123
New England School of Law
Boston, MA 02116-5687
Sale Source: Fred B Rothman & Co
Marketing Manager
10368 W Centennial Rd
Littleton, CO 80123
United States of America
Language: English
Country: United States of America
Annotation: THE CONCEPT OF RESTITUTION IS EXPLORED ALONG WITH JUSTIFICATIONS FOR THE PRACTICE AND A LOOK AT PROGRAM DESIGNS AND OPERATION STRATEGIES USED IN SEVERAL STATES AND POSSIBLY APPLICABLE TO OTHER JURISDICTIONS.
Abstract: VICTIM COMPENSATION THROUGH COURT-ORDERED RESTITUTION IS A REALISTIC AND PROMISING ALTERNATIVE TO PROLONGED INSTITUTIONALIZATION AND TRADITIONALLY DEFINED SUPERVISION. RESTITUTION PRACTICES USUALLY TAKE ONE OF THE FOLLOWING FORMATS: MONETARY-VICTIM, MONETARY-COMMUNITY, SERVICE-VICTIM, AND SERVICE-COMMUNITY. AMONG THE ARGUMENTS JUSTIFYING RESTITUTION ARE THOSE CLAIMING PROVISION OF ALTERNATIVE SENTENCING OPTIONS TO COURTS PROVISION OF BENEFITS IN TERMS OF MONETARY COMPENSATION OR SERVICE TO VICTIM, ELIMINATION OF OVERLOAD IN THE CRIMINAL JUSTICE SYSTEM, AND IMPROVEMENT OF COMMUNITY AND CRIMINAL JUSTICE RELATIONS. UNLIKE TRADITIONAL SENTENCES, RESTITUTION MAY BENFIT MANY DIFFERENT SEGMENTS OF SOCIETY. THREE ONGOING PROGRAMS ARE NOTABLE FOR THEIR NOVEL AND SUCCESSFUL APPROACHES TO RESTITUTION. THESE INCLUDE THE WINONA COUNTY, MINN., WIS-ONUS PROGRAM; THE DORCHESTER, MASS., URBAN COURT PROGRAM; AND THE QUINCY, MASS., EARN-IT PROGRAM. IN WIN-ONUS, RESTITUTION MEASURES MAY TAKE THE FORM OF WORK SERVICE AT $2.50 AN HOUR WITH $10 EQUALING 1 DAY IN JAIL, OR PARTICIPATION IN REHABILITATION PROGRAMS WHOSE COMPLETION IS WORTH $100. THE DORCHESTER PROGRAM PRACTICES PRESENTENCE INVESTIGATIONS AS GROUP PROBLEMSOLVING SESSIONS DURING WHICH THE VICTIM IS GIVEN A PARTICIPATORY ROLE IN THE CRIMINAL JUSTICE PROCESS. THE QUINCY PROGRAM PLACES OFFENDERS IN PAYING JOBS LONG ENOUGH TO PAY RESTITUTION DEBTS. THE PROCESS OF RESTITUTION SENTENCING INVOLVES FIVE CONSECUTIVE STEPS, FROM THE HEARING FOR DETERMINING GUILT, THROUGH NEGOTIATIONS OF THE APPROPRIATE RESTITUTION MEASURES AND THE RESTITUTION CONTRACT, TO THE CONCLUDING COURT REVIEW AFTER COMPLETION OF RESTITUTION. RESTITUTION AS A SENTENCING ALTERNATIVE MAY BE PRESCRIBED IN LIEU OF PROBATION, AS THE SOLE SENTENCE, OR AS A CONDITION OF PROBATION. AMONG PROBLEMS FACING RESTITUTION PROGRAMS ARE PUBLIC SCEPTICISM AND CRIMINAL JUSTICE PERSONNEL RELUCTANCE TO SHARE AUTHORITY AND CONTROL WITH RESTITUTION PROGRAM WORKERS. MOREOVER, SERIOUS THEORETICAL AND PRACTICAL ISSUES REMAIN UNRESOLVED, AND ARE SUMMARIZED FOR CONSIDERATION BY PROGRAM PLANNERS. FOOTNOTES ARE PROVIDED. (MRK)
Index Term(s): Alternatives to institutionalization; Community involvement; Community relations; Massachusetts; Minnesota; Restitution; Restitution programs; Sentencing/Sanctions; Victim compensation
Note: PRICE QUOTED IS FOR ENTIRE ISSUE
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65900

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.