NCJ Number
18080
Date Published
1974
Length
98 pages
Annotation
THESE PAPERS SUGGEST THAT RESTITUTION BE MADE A BASIC PRINCIPLE IN CRIMINAL LAW, THAT IT BE SUPPLEMENTED BY A PLAN FOR COMPENSATION, AND THAT A SYSTEM OF DAY-FINES BE INSTITUTED BASED ON INCOME RATHER THAN FIXED AMOUNTS.
Abstract
IN THIS WORKING PAPER, 'RESTITUTION' IS DEFINED AS THE RESPONSIBILITY OF THE OFFENDER TO THE VICTIM TO MAKE GOOD THE HARM DONE, AND 'COMPENSATION' AS ASSISTANCE BY THE STATE WHERE THE OFFENDER IS NOT DETECTED OR WHERE HE IS UNABLE TO ASSUME RESONSIBILITY FOR RESTITUTION. UNDER THE PROPOSED LAW REFORMS, FINES WOULD REPRESENT THE PENALTY FOR AN OFFENSE, OVER AND ABOVE RESTITUTION. THE AUTOMATIC ALTERNATIVE OF DAYS IN JAIL TO FINES IS ALSO OPPOSED. --IN ENGLISH AND FRENCH.