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Topic: Restitution


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In the News (Mon 16 Oct 17)

  
  Restorative Justice Online — Restitution
Restitution provides a sanction that is more clearly related to the offence than punitive measures, and it better restores a victim to the place he/she occupied before the offence (Bakker, 1994 at 1490).
Restitution serves to commemorate the gesture of reparation and acknowledgment of wrongdoing (Danieli, 1992 at 210-211).
Similar research in New Zealand demonstrated that restitution was poorly used, with officials citing reasons such as: violent offences precluded consideration of reparation as a sanction; restitution failed to account for emotional harm; that the system did not view it as a stand-alone sanction; that it did not achieve retributive purposes (Jervis, 1996).
www.restorativejustice.org /intro/tutorial/outcomes/restitution   (1395 words)

  
  Restitution (Legal)
Restitution is a legal response calculated to take away a gain or enrichment that is considered to be inappropriate.
A claim to restitution is a claim measured not by the plaintiff's loss, but rather by the defendent's gain.
Restitution is a rapidly developing area of the law, touching on areas as diverse as COMMERCIAL LAW, TORTS, domestic property disputes, claims against government and intellectual property.
www.canadianencyclopedia.ca /index.cfm?PgNm=TCE&Params=A1ARTA0010736   (161 words)

  
 LADA Bad Check Restitution Program
This innovative approach to the bad check problem provides new avenues to obtain restitution, to protect the public and to seek justice in these matters at no cost to bad check victims or Los Angeles County taxpayers.
Upon recovery full restitution is paid to the bad check victim.
Restitution includes the face value of all bad checks plus applicable bank charges such as returned item fees.
da.co.la.ca.us /badcheck.htm   (748 words)

  
 WI Department of Justice - Crime Victim Services
Restitution ordered under this section is a condition of probation, extended supervision or parole served by the defendant for a crime for which the defendant was convicted.
With the consent of the defendant, refer the disputed restitution issues to an arbitrator acceptable to all parties, whose determination of the amount of restitution shall be filed with the court within 60 days after the date of referral and incorporated into the court's sentence or probation order.
Restitution to a party with no relation on the record to the crime of conviction or to read-in crimes is improper.
www.doj.state.wi.us /cvs/Victims_Rights/Other_Victims_Rights_Statutes.asp   (5510 words)

  
 Restitutionary obligation
Restatement of the Law, Restitution, considers the circumstances in which enrichment is considered unjust and a remedy appropriate.
restitution is the label for both the theory of obligation and the remedy for non-fulfillment of that obligation).
Restitution is also one possible remedy for breach of contract, alternative to the more common damage remedy that focuses on an injured party's disappointed expectation rather than on the breaching party's unjust enrichment.
www.scu.edu /law/FacWebPage/Neustadter/e-books/abridgedcontracts/main/commentary/Restitution.html   (738 words)

  
 Property Restitution in Central and Eastern Europe
A successful property restitution program is an indicator of the effectiveness of the rule of law in a democratic country.
Restitution should result in clear title to the property, not merely the right to use the property.
Achieving passage and effective, timely implementation of restitution laws and procedures is both a critical indicator of rule of law in a democratic society and a crucial feature of a market economy.
www.state.gov /p/eur/rt/hlcst/c12070.htm   (666 words)

  
 The National Center for Victims of Crime - Library/Document Viewer   (Site not responding. Last check: )
The term "restitution" in the criminal justice system means payment by an offender to the victim for the harm caused by the offender's wrongful acts.
Restitution will not cover such things as pain and suffering or emotional distress, only damages that are easy to prove-things for which a victim might have a bill or a receipt.
While restitution is court-ordered payment from a convicted offender, crime victim compensation is a state government program that pays many of the out-of-pocket expenses of victims of violent crime even when there is no arrest or prosecution.
www.ncvc.org /ncvc/main.aspx?dbName=DocumentViewer&DocumentID=38596   (1337 words)

  
 Civil Resource Manual 167 Restitution for Consumers
Restitution for consumer purchasers should be sought in odometer fraud cases whenever possible.
Furthermore, where the precise amount is difficult to determine, the court is authorized to reach an expeditious, reasonable determination of appropriate restitution by resolving uncertainties with a view toward achieving fairness to the victim.
In general, fairness suggests that the very limited restitution monies that are generally available be provided to consumer victims rather than to institutions such as dealers or auctions that may have purchased the rollback vehicles.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title4/civ00167.htm   (875 words)

  
 Restitution In Criminal Actions Colorado Attorney Lawyer
Although H.B. 00-1169 does not specifically authorize lawyer participation in the restitution proceedings, clearly the scope of the new law invites attorney participation, as the evidence necessarily relevant to the restitution proceedings is typically solely within the control of counsel.
The court shall base its order for restitution upon information presented to the court by the prosecuting attorney, who shall compile such information through victim impact statements or other means to determine the amount of restitution and the identities of the victims.
Restitution is not a substitute for a civil action to recover damages.
www.chalathatten.com /CM/Articles/Articles40.asp   (2455 words)

  
 Layton City Victim Services: Restitution
defines restitution as full, partial or nominal payment for pecuniary damages to a victim including the accrual of interest from the time of sentencing, insured damages, and payment for expenses to a governmental entity for extradition or transportation and as further defined by law.
If a victim advocate is not available in your area, restitution can also be requested by submitting a letter to the court that includes the court case number, the amount of restitution requested and copies of receipts or other documents that support the claim.
Court ordered restitution means the restitution the court having criminal jurisdiction orders the defendant to pay as part of the criminial sentence at the time of sentencing.
www.laytoncity.org /public1/dept/legal/Victim/vs_restitution.aspx   (578 words)

  
 Restitution Information
Restitution, like other legal responses, can be triggered by any one of a variety of causative events.
For example, in English law, restitution for breach of fiduciary duty is widely available but restitution for breach of contract is fairly exceptional.
Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution.
www.bookrags.com /wiki/Restitution   (528 words)

  
 RESTITUTION   (Site not responding. Last check: )
When plaintiff prefers specific restitution, either because defendant is insolvent, because the thing plaintiff lost has changed in value, or because plaintiff values the thing he lost for nonmarket reasons.
Restitution was amount of excess profit from preferred, rather than common stock.
When restitution is used to “enforce” unenforceable contracts, or is used as an alternative measure of recovery in breach of contracts cases, the plaintiff cannot recover in excess of expectation.
www.law.umkc.edu /faculty/profiles/glesnerfines/restit.htm   (2677 words)

  
 MOVA - Restitution Bill
Restitution holds offenders responsible for the financial losses suffered by the victims of their crimes.
National research studies indicate that restitution is one of the most significant factors affecting satisfaction of victims with the criminal justice process.
Mandate restitution to all victims who have sustained financial losses, regardless of whether the offender is to be incarcerated.
www.mass.gov /mova/page53.html   (361 words)

  
 CATHOLIC ENCYCLOPEDIA: Restitution
restitution becomes obligatory are either the possession of something belonging to another, or the causing of unjust damage to the property or
restitution, will depend on whether he had possession of the property hitherto in good faith, or in bad faith, or in doubtful faith.
restitution must be made to the doubtful owner of a portion of the property corresponding to the probability of his
www.newadvent.org /cathen/12788a.htm   (1415 words)

  
 THE RESTITUTION PROCESS FOR VICTIMS OF FEDERAL CRIMES
The Mandatory Restitution Act of 1996 established procedures for determining the amount of restitution to which a victim may be entitled.
In most fraud cases, restitution may be ordered where victims of the offense of conviction have suffered the loss of money or some negotiable instrument (investor fraud offenses or offenses involving the misuse of stolen credit cards), or the damage or loss of property.
The FLU unit will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, (plus the time period of actual incarceration) or until the death of the defendant.
www.usdoj.gov /usao/co/victim_witness_info/restitution.html   (1409 words)

  
 Restitution Orders   (Site not responding. Last check: )
A restitution order requires the offender to pay an amount directly to the victim of the offence to cover the victim's monetary losses caused by bodily or psychological harm or damage to property caused by the crime.
Restitution orders, which help cover the victim's monetary losses due to bodily or psychological harm or damage to property caused by the crime, follow these principles.
The judge must consider whether a restitution order should be included in the sentence and whether all aspects of the sentence reflect the purposes and principles of sentencing and are appropriate given the circumstances of the offence and the particular offender.
canada.justice.gc.ca /en/news/nr/1999/doc_24282.html   (529 words)

  
 Juvenile Restitution in Arizona - Associated Content
Restitution in Arizona can be assigned to the juvenile defendant's parents.
That is one reason why I feel it important to have the restitution assigned to the parents of the juvenile.
The best one, in my opinion, is to have the restitution order entered against the parents, thereby holding someone who is not judgment proof responsible for making the victim whole.
www.associatedcontent.com /article/19314/juvenile_restitution_in_arizona.html   (665 words)

  
 OSCN Found Document:Restitution Agreements
Restitution paid by the defendant to the victim shall include the face amount of the check plus any charges the victim may have been required to pay to a bank as the result of having received the bogus check.
Restitution paid by the defendant to the Oklahoma Tax Commission shall include the face amount of the check plus the administrative service fee authorized pursuant to Section 218 of Title 68 of the Oklahoma Statutes.
If the defendant fails to comply with the restitution agreement, the district attorney may file an information and proceed with the prosecution of the defendant as provided by law.
www.oscn.net /applications/oscn/deliverdocument.asp?citeID=70280   (400 words)

  
 Autonomy & Self-determination
Restitution is a mechanism through which offenders compensate victims for losses that result from crime.
Restitution is usually imposed as a condition of probation but may also be ordered as a condition of parole.
Some states have correctional restitution in which offenders who are sentenced to prison or detention facilities are required to participate in work programs and to set aside a portion of their wages for their victims or the state.
www.preventelderabuse.org /issues/restitution.html   (310 words)

  
 RESTITUTION
Restitution may be sought where there was a contract but it is unenforceable.
High court ruled that because she had received part of what was promised to her she could not get restitution.
Held that the casino was only liable for the money they had won (i.e., not for what he had lost) because they had taken his cheque based on an Innocent Reliance and on that basis had changed their position.
members.tripod.com /~Hanmore/CivRem/CivRem_Martyn_Restitution.html   (561 words)

  
 Restitution @ lawschoolhelp.com
Restitution refers to the interest in the benefits that one party (usually the injured party) has conferred upon the other party, (usually the breaching party).
Restitution is available to a party to an agreement where he performs services for the other believing that there is a binding contract.
In order to be granted restitution, plaintiff must demonstrate that defendant received a benefit, that by receipt of that benefit he was unjustly enriched at her expense, and that circumstances were such that in good conscience defendant should make compensation.
www.west.net /~smith/resti.htm   (1530 words)

  
 OVA: Restitution
Restitution is a court-ordered financial obligation that can be in the form of out-of-pocket expenses, loss of earnings, and/ or property loss.
Upon release from prison, all offenders are required to establish a payment plan for restitution within 72 hours of their release.
If you find that no restitution was ordered in your case, you may want to try and file a civil suit against the inmate.
www.pbpp.state.pa.us /ova/cwp/view.asp?A=3&Q=152939   (423 words)

  
 Colorado State Judicial Branch -
Restitution is an order of the court by which offenders are held accountable for the financial losses they caused to the victims of their crimes.
Distribution of restitution that has been collected from the defendant occurs normally within 15 days of the date the payment is received by the court.
Restitution: State law allows the prosecutor to request restitution (repayment for a victim’s losses) as part of the sentence of any defendant who is found guilty of a crime.
www.courts.state.co.us /chs/court/forms/general/restitution.htm   (1529 words)

  
 Restitution
Collecting restitution from the offender is not always guaranteed and not all victims are eligible for reparations -- it is advised to pursue both financial options at the same time.
Restitution may only be requested for out-of-pocket expenses incurred by the victim as the result of a crime.
In the event of a restitution hearing, victims requesting restitution may be called to court (at least five days prior to the hearing) to document their expenses with copies of bills, receipts or other confirmation of loss.
www.letswrap.com /legal/restute1.htm   (779 words)

  
 HANDBOOK ON PROPERTY RESTITUTION IN ROMANIA
The situation where the status of an overwhelming number of properties, land and constructions, is constantly uncertain and subject to perpetual restitution claims generates significant adverse consequences for the citizens and the economy.
The persons entitled to file restitution claims under Law no.10/2001 are the owners of the confiscated properties or their legal inheritors, who must present evidence of their ownership rights as of the expropriation date and must also make proof of their certified quality of inheritors, as case may be.
The notification is a formal request addressed by the claimant to the competent authority describing the owner, the property that is being claimed and the estimated value of the property.
www.roembus.org /english/communities/case/property_restitution.htm   (1480 words)

  
 Restitution Restructuring Questions--60 Most Frequent Questions   (Site not responding. Last check: )
Self restitution occurs when the child has been asked to think about personal beliefs and intentionally decided to try to be a certain kind of person.
This is because if a teacher has taught restitution and offered students an opportunity to fix their mistakes and they still say, “This is dumb!” or “You can’t make me!”, the kids are usually pushing to see how much they can get away with.
The restitution triangle is a cardboard triangle on the wall which has pockets on each of the three sides.
www.realrestitution.com /restructuringquestions.html   (6021 words)

  
 US CODE: Title 18,3612. Collection of unpaid fine or restitution
An order of restitution, pursuant to section 3556, does not create any right of action against the United States by the person to whom restitution is ordered to be paid.
Notification of Delinquency.— Within ten working days after a fine or restitution is determined to be delinquent as provided in section 3572 (h), the Attorney General shall notify the person whose fine or restitution is delinquent, to inform the person of the delinquency.
If a fine or restitution becomes in default, the defendant shall pay, as a penalty, an additional amount equal to 15 percent of the principal amount that is in default.
www.law.cornell.edu /uscode/html/uscode18/usc_sec_18_00003612----000-.html   (869 words)

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