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NCJRS Abstract

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NCJ Number: 98583 Add to Shopping cart Find in a Library
Title: Legal Issues in the Operation of Restitution Programs
Author(s): H F Feinman
Corporate Author: Institute of Policy Analysis
United States of America
Date Published: 1979
Page Count: 19
Sponsoring Agency: Institute of Policy Analysis
Eugene, OR 97401
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: This paper examines constitutional issues posed by different methods of ordering restitution and legal issues in the operation and design of restitution programs, with particular attention to the distinctive legal problems of juvenile restitution.
Abstract: One legal issue in juvenile restitution is the authority of the juvenile court to order restitution. Given that the juvenile courts in most States have been mandated to rehabilitate rather than punish juveniles, some State courts, most notably in Pennsylvania, have prevented the ordering of juvenile restitution on the ground that it is punitive rather than rehabilitative. Most States, however, have approved juvenile restitution as an appropriate rehabilitative and just requirement. Another legal issue in juvenile restitution is its use in a diversion program, where the juvenile has not had the benefit of formal adjudication to determine guilt. There is generally no problem with restitution attending diversion when the youth makes an informed decision to waive the right to a formal adjudicatory hearing. A third legal problem posed by juvenile restitution without formal adjudication is the question of whether it constitutes involuntary servitude, which is prohibited by the 13th amendment. When restitution focuses on rehabilitation and victim compensation rather than the obtaining of cheap labor, there should be no basis for a 13th amendment challenge. Other legal issues that may arise in juvenile restitution are the guarantee of due process in ordering restitution, the method of determining the restitution amount, the scope and amount of the restitution order, and the method and enforcement of the restitution order. There are no insurmountable legal obstacles to restitution and its enforcement provided it can be shown to be fair and reasonable. Thirty-eight footnotes are listed.
Index Term(s): Juvenile restitution; Legal doctrines; Restitution; Right to Due Process; Rights of the accused
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