This paper will deal with two general issues. The first is that of whether restitution should be paid by an offender to his or her victim of the crime committed. The second issue will address types of restitution obligations that have been imposed upon offenders upon conviction.
Going forward, it is important to understand that there is a difference between compensation and restitution. Restitution is generally court-ordered, and must be paid by the offender to the victim following determination of guilt. Compensation is usually a state program that assists victims of crime whether or not there may be a conviction.
The second issue is that of examples or types of restitution that have been imposed upon offenders. Two types of restitution are cited by a 2015 publication by the California Victim Compensation Program (n.p.). The first is that of a “restitution order.” According to California law, the judge is required to order the offender to pay restitution directly to the victim. The second is a “restitution fine.” The law in California also “requires judges to order the offender .to pay a restitution fine.Restitution fines go into the State’s Restitution Fund.which helps victims pay for expenses resulting from eligible crimes” (n.p.). Additionally, a program in north central Florida, named “Project Payback,” addresses restitution owed by juvenile offenders. Juveniles owing restitution must be working or looking for employment. Gretchen Howard (2011), writes, “For juveniles who are unemployable or who are committed to a residential commitment program, Project Payback offers the opportunity to complete a minimum of 16 ‘community restitution service’ hours each month. The juvenile earns monetary credit at minimum wage for every verified hour of community restitution service, which Project Payback then pays to the victim.”
While restitution may not make a victim “whole” again, physically, or monetarily, it may be all important in the sense of being at least partially compensated for their loss.
References
California Victim Compensation Program (2015). A victim’s restitution guide-Financial recovery. Retrieved from www.cdcr.ca.gov.
Howard, Gretchen. (2011). Project Payback: A juvenile restitutional program. Retrieved from https://victimsofcrime.org//2011_RestitutionReport_4-JuvenileRestituti
