For this assignment, write an essay about restitution. Address the following in your essay. Provide an introduction that discusses the types of restitution.Explain problems of restitution.Assess how r

Running head: TYPES OF RESTITUTION 0

Victimology Unit V - Restitution

Columbia Southern University

Nicolbe Hernandez

Introduction

Restitution refers to the act of returning property that was stolen or lost to the rightful owner. It also includes the payment made for damages made or losses incurred by a person (Newsom and Diaz 2019). In law, specifically the criminal justice, restitution refers to the payment made by an offender to the victim for the wrongful acts committed of the offender that may have caused damage or losses to the victim. Restitution forms part of the court’s ruling and is inclusive of the offender’s sentence (Cornell Law School 2019). Common restitution offenses that result from a violent felony.

There are three major types of restitution which are monetary restitution, community service and direct service to victims (Carr, Chambers and Jerri 2019). Community service restitution is mostly used when dealing with adult offenders because it does not require the victim's contact with the offenders (Purdue University 2019). It is easy since the offender does not have to be placed in a job to pay money earned to the victim and it makes it easier to monitor the offender’s progress. For juvenile offenders, monetary restitution is preferred since community restitution for the juveniles is lengthy and involves the federal for a lot of training programs (National Institute of Corrections 2019). Direct service restitution is another type that is rare (California Department of Corrections & Rehabilitation 2019). It requires the offender to work for the victims directly. In this type, the offenders and the victims interact under some supervision, which reduces the tension due to fear of the offender by the victim. Reconciliation and mediation projects have arisen because

of the direct service type of restitution. Some of the activities performed in this process include property damage reparation, snow removal, and lawn mowing.

Examples of payments made in restitution include medical costs, charges incurred in therapy, drug prescription costs, counselling services costs, payments lost in terms of salaries, expenses incurred during the criminal justice process lost and/or damaged property, payments deducted by insurance, expenses incurred in cleaning up the crime scene. Other payments include funeral and burial expenses, loss of support for dependents when the victim is killed or is unable to work because of the crime, home security, insurance co-payments, and crime scene clean up (if the crime was committed at home). In as much as restitution costs cover most of the expenses, it does not cover things such as pain, suffering or emotional distress caused by the offender. It only covers things that can be proved by a receipt given during purchase or bills that are tangible.

Restitution is a perplexing procedure that includes a few distinct experts working in the criminal equity framework. Unfortunately, these professionals are usually overworked and underbudgeted. Many of these experts guarantee that gathering and dispensing compensation is another person's job. Regularly victims feel disappointed with the compensation procedure. They may accept that the sum forced in the court request was deficient. Occasionally, crime involves multiple perpetrators against a single victim. Another undeniable issue with compensation is the financial status of the culprit. Many of the guilty parties are poor and not able to procure the funds to make full compensation.

When the defendant pleads guilty in the court of law, the Probation officer runs a background check on the defendant’s financial status and assets owned. This will inform the court on the amount of payment that the defendant will be asked to pay. It is important since the defendant may not be able to pay the victim due to low financial status. The probation officer is the one in charge of the process that involves making the supervision of the defendant’s payment of the restitution when released. United States District Clerks office receive the restitution payment and gives the already made payments to the victim. The Clerk’s Office also keeps records of the unpaid amount until the whole debt is settled (United States Attorney's Office 2019).

While restitution is part of the probation department where many can be under over worked and under paid due to cut budgets. An outdated system can cause payments to be late to the victims. An Automation of records and accounting can help with gathering compensation. An interest in PC system and programming devoted to the assortment and dispensing of compensation relays a message to offenders that this is a high priority. Mechanization liberates staff from performing routine tedious assignments and can bring about permitting them to work more intimately with victims. What is more, it can save time to send letters advising victims regarding the compensation procedure by just inputting in their name and address and hitting the print key. Cautioning letters to offenders who are late with payment can likewise be created rapidly without a lot of staff time. Also, computerization enables staff to gather information and create statistics regarding compensation.

When a crime has been reported, the victim is informed of his/her rights regarding restitution. The victim is informed earlier to give them time to gather information regarding the property damaged or lost and provide receipts and other bills information that needs to be replaced by the offender. In other cases, like in the Wisconsin state, the prosecutor is the one responsible for the imposition of restitution and does not require the victim to ask for it (Wisconsin States Legislature 2017). It is mandatory in some criminal cases for restitution to be ordered while in some cases, if the victim fails to request restitution in some states, the court may not pursue the issue (Davidson 2019)

The police to ensure a standard set of rights are applicable to the victims and then there would be uniformity in the information, presentation, and hearing in the criminal justice process. The victims my feel a since of justice. In many cases the victim feels as if they are the perpetrator. If this policy that is implemented already would be enforced the victims would see a change.

Conclusion

To summarize, restitution is essential as it gives an opportunity for the wrong doers to redeem themselves and become better people. It creates a less tense relationship between the victim and the offender. The act of restitution ensures that the victims feel recognized where he/she is restituted for the lost property and damage caused. By so doing, the laws outlined in the constitution are implemented and work for the citizens.

References

California Department of Corrections & Rehabilitation. 2019. "Restitution Information - Office of Victim and Survivor Rights and Services (OVSRS)". Office of Victim and Survivor Rights and Services (OVSRS). https://www.cdcr.ca.gov/victim-services/victim-services/restitution/.

Carr, Jason, Megan Chambers, and Morgan Jerri. 2019. "Which Restorative Justice Programs Are Most Effective?". Csub.Edu. http://www.csub.edu/~dhall/crju430/winter08/cj430-grouppres.ppt.

Cornell Law School. 2019. "Restitution". LII / Legal Information Institute. https://www.law.cornell.edu/wex/restitution.

Doyle, C. (2019). Restitution in Federal Criminal Cases: A Sketch. Congressional Research Service: Report, 1–9. http://search.ebscohost.com.libraryresources.columbiasouthern.edu/login.aspx?direct=true&db=tsh&AN=139928361&site=eds-live&scope=site.

Newsom, Gavin, and Ralph Diaz. 2019. "Restitution Responsibilities, Information for Adult Offenders - Office of Victim and Survivor Rights and Services (OVSRS)". Office of Victim and Survivor Rights and Services (OVSRS). https://www.cdcr.ca.gov/victim-services/restitution-responsibilities/

United States Attorney's Office. 2019. "Restitution". Justice.Gov.

Wallace, H., & Roberson, C. (2019). Victimology: Legal, psychological, and social perspectives (5th ed.) [Vital Source Bookshelf version]. Retrieved from https://online.vitalsource.com/#/books/9780134871059

Wisconsin States Legislature. 2017. "Wisconsin Legislature: 973.20". Docs.Legis.Wisconsin.Gov