Restitution in the United States
Repayment to a victim of losses suffered at the hands of a criminal offender. The idea of restitution is that no person ought to be enriched by misconduct against another. While restitution has been a component of the American justice system from the beginning, it has gained visibility through its recent endorsement by the American Bar Association and the National Advisory Commission on Criminal Justice Standards. Most states have statutory law authorizing restitution, and it has become a frequently used condition of probation.
See Also
Probation (Criminal Process) Sentence (Criminal Process).
Analysis and Relevance
An objective of restitution is to restore losses suffered by a victim. Often, the offender does not have the resources to make restitution. In such cases, the offender may have to perform some service for the victim. As an alternative, the offender may have to perform some specified kind of community service. In a few states, some measure of restitution from a public fund has been attempted. Aside from the victim-related aspects, restitution also has some rehabilitative value and, for that reason, remains a viable criminal sanction. It is a comparatively mild sanction, however. Accordingly, its use is typically confined to property offenses. It has also become a primary element in the sanctioning of juvenile delinquents.
Notes and References
- Definition of Restitution from the American Law Dictionary, 1991, California
Restitution Definition
The return of property to the owner or person entitled to it. In Maritime Law. The placing back or restoring articles which have been lost by jettison. This is done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; but when the remainder of the goods is afterwards lost, there is not any restitution. Stev. Av. pt 1, c. 1, § 1, art. 1, note 8.
Restitution in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Restitution | Restitution in the World Legal Encyclopedia. |
| Restitution | Restitution in the European Legal Encyclopedia. |
| Restitution | Restitution in the Asian Legal Encyclopedia. |
| Restitution | Restitution in the UK Legal Encyclopedia. |
| Restitution | Restitution in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
This definition of Restitution Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
Making good for loss, damage, or injury; indemnification.
(Revised by Ann De Vries)
What is Restitution?
For a meaning of it, read Restitution in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Restitution.
Restitution (Causes of Action)
This section introduces, discusses and describes the basics of restitution. Then, cross references and a brief overview about Causes of Action is provided. Finally, the subject of Agency Relationships in relation with restitution is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Restitution (Remedies)
This section introduces, discusses and describes the basics of restitution. Then, cross references and a brief overview about Remedies is provided. Finally, the subject of Agency Relationships in relation with restitution is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Admiralty and Maritime Law; Sentencing.
Further Reading (Articles)
Restitution Bill Dead on Arrival Fact Box; with Land Reform Already in Disarray, the Government Will Not Be Able to Settle New Claims, Writes Tara Weinberg, The Star (South Africa); April 3, 2014
Restitution (Legal), Canadian Encyclopedia; January 1, 2012; LIONEL SMITH
Restitution, New Catholic Encyclopedia; January 1, 2003; DOOLAN, A.
Restitution for Victims of Crime Act Introduced in Senate by Sen. Dorgan, US Fed News Service, Including US State News; April 4, 2007
Restitution and Equity: An Analysis of the Principle of Unjust Enrichment, Texas Law Review; June 1, 2001; Sherwin, Emily
The Restitution Act, Mondaq Business Briefing; October 8, 2012
Restitution characteristics of yarns in the axial direction, Textile Research Journal; August 1, 2002; Bao, L Sakurai, M Takatera, M Nakazawa, M shrohara, A
Restitution Often Falls through Cracks, Tribune-Review/Pittsburgh Tribune-Review; February 23, 2013; LaRUSSA, Tony
Restitution in Eastern Europe is focus of U.S. official’s visit, Jewish Telegraphic Agency; May 17, 1995; Alexandra J. Wall
Restitution: Real Fine for Criminals, The Washington Monthly; January 1, 1990; Lehrman, Karen
With restitution, it’s case by case: Sometimes payments are made in full while others trickle in, probation official says., The Times Leader (Wilkes-Barre, PA); January 21, 2007
Restitution Devolution?, St. John’s Law Review; October 1, 2011; Reiss, Bradley P.
Restitution in Bullwinkle murder upheld, Redlands Daily Facts; June 12, 2005; COLLEEN MENSCHING
Criminal Restitution Improvement Act Introduced in House by Rep. Chabot, US Fed News Service, Including US State News; February 26, 2007
Criminal Restitution Often Falls through Cracks, Tribune-Review/Pittsburgh Tribune-Review; February 24, 2013; LaRUSSA, Tony
Child Pornography and the Restitution Revolution, Journal of Criminal Law and Criminology; March 22, 2013; Lollar, Cortney E.
Judge: Restitution cases costly Dozier wants to clear some cases, The Pantagraph Bloomington, IL; September 28, 2005; Brett Nauman
Unjust Enrichment, Restitution, and Wrongs, Texas Law Review; June 1, 2001; Edelman, James J.
The fight for restitution for Md. crime victims, The Daily Record (Baltimore); May 9, 2010; Caryn Tamber
“Inextricably Commingled”: A Restitution Perspective in Patent Remedies, Harvard Journal of Law & Technology; March 22, 2013; Frye, Amanda
Restitution meaning
The right of the plaintiff to be restored what has been lost to the defendant tort feasor through the defendants tortious conduct. Restitution is an alternative remedy to money damages in anglo-american tort law.
Naturalrestitution seeks to restore the status quo ante and thus defends the victims interest in their integrity. It is not however a unique remedy but can also be used in conjunction with other remedies such as money damages. Naturalestitution is however one of three alternative remedies in German tort law. The other two are kompensation, which seeks to restore the monetary loss to the plaintiff, and reasonable compensation for non-pecuniary losses, which along with Schmerzengeld would be subsumed into the common law term of an award for damages due to pain and suffering. Kompensation is available when Naturalrestitution is not possible or would be meaningless, for example in cases of injuries to personality rights. In principle in German law only pecuniary injuries (Vermögensschaden) are compensable though in practice some non-pecuniary injuries can be compensated.
See: Real Restitution
State v. Yarnett, 110 Vt. 221, 3 A.2d 521, 525, 526.
Explorers Motor Home Corp. v. Aldridge, Tex.Civ.App. 541 S.W.2d 851, 852.
Restitution in the Criminal Justice System
This section covers the topics below related with Restitution :
Courts
Sentencing and Sanctions in relation with Restitution
Restitution
Victims
Financial Recovery
Resources
See Also
- Courts
- Sentencing and Sanctions
- Restitution
- Victims
- Financial Recovery
Restitution in Juvenile Law
In this context, Restitution information is available through this American legal Encyclopedia.