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Solved by verified expert:How can restitution be used for juveniles who are too young to legally work full-time? Using the restorative justice approach, what would you require as a sentence for a 15-year-old offender who forcefully broke a window to get into a house and stole property valued at $1,000 when the occupants were at work?
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Community-Based
Corrections
11th EDITION
Leanne Fiftal Alarid
Copyright © 2017 Cengage Learning. All Rights Reserved.
Chapter 10
Economic and Restorative
Justice Reparations
Learning Objectives
▪ Examine how restorative principles and
practices differ from traditional criminal justice
practices.
▪ Explain the forms that restorative justice takes,
including victim–offender mediation, victim
impact classes, family group conferencing, and
circle sentencing.
▪ Compare and contrast the economic/monetary
sanctions used in both restorative and
traditional criminal justice systems to include
restitution, community service, fines, fees, and
forfeiture.
Copyright © 2017 Cengage Learning. All Rights Reserved.
Introduction
Community justice:
A philosophy that uses community stakeholders to
control and reduce crime and rebuild community
relationships through community policing,
community courts and restorative justice
Restorative justice:
A sentencing philosophy that emphasizes the
offender taking responsibility to repair the harm done
to the victim and the surrounding community
Copyright © 2017 Cengage Learning. All Rights Reserved.
Restorative Justice Principles
(slide 1 of 2)




Is community-based and combines mainstream
American criminal justice with indigenous justice
practiced by Native Americans
Focuses on the victim, the offender, and the community,
rather than just punishing the offender
Uses reintegrative shaming rather than stigmatization
Reintegrative shaming allows the victim and community
to disapprove of the criminal behavior but seeks to
repair the weakened social bonds caused by the crime
Copyright © 2017 Cengage Learning. All Rights Reserved.
Restorative Justice Principles
(slide 2 of 2)
All forms of Restorative Justice share 6
commonalities:
– At least 1 session is held in the community, with the goal of
allowing victims to communicate how the crime affected them
– A reparative plan is developed and accepted by the victim and
the offender
– Victim and offenders volunteer to participate
– Parties rely on community partners and volunteers for help
– Offenders accept responsibility for their crime, admit guilt, and
agree to comply with the reparation plan
– While RJ can take place in jails and prisons, most forms are
community-based and are an alternative to traditional court
processing or as part of diversion
Copyright © 2017 Cengage Learning. All Rights Reserved.
Procedural Justice
▪ Based on the idea that individuals who perceive that they
have been fairly treated and respected are more likely to
comply with court expectations
▪ Citizens are able to exercise some control over the decisionmaking process/final outcome from that process
▪ Procedures are used consistently with similar cases
▪ Procedures operate without bias to race/ethnicity, gender and
other extra-legal factors
▪ Procedures use the most accurate information
▪ Citizens are able to appeal the results
▪ Citizens are treated respectfully and as valued societal
members
Copyright © 2017 Cengage Learning. All Rights Reserved.
Victim and Offender Mediation
(VOM)





VOM has existed in U.S. since early 1980s; there are
thousands of programs worldwide
Victims agree to participate in order to seek restitution,
oversee punishment, and share their grief with the
offender
Many victims report satisfaction with case outcomes,
are more likely to get restitution, and are less fearful of
being revictimized
There are concerns VOM gives victims’ perspective
more free reign and offenders’ perspective is not
addressed enough
No strong evidence that VOM reduces recidivism
Copyright © 2017 Cengage Learning. All Rights Reserved.
Sentencing Circles
▪ Circles are based on tribal justice and rely on
re-integrative shaming
▪ Circles consist of offender, victim, family,
friends, coworkers, social service personnel,
and interested community members
▪ Purpose is to arrive at consensus of how justice
can be achieved
▪ Of all Restorative Justice programs, circles
involve largest number of participants and are
most organized
▪ Most effective in smaller communities
Copyright © 2017 Cengage Learning. All Rights Reserved.
Reparation Boards





Reparation boards have existed in the juvenile justice
system since 1920s
Boards mediate between the court and the offender and
may or may not involve the victim
They meet after the offender is convicted to decide how
offender will repair harm and reform their conduct
Volunteers agree to mentor and supervise the offender
Board reports to the court on offender’s compliance and
recommend sanctions if the offender violates reparation
plan
Copyright © 2017 Cengage Learning. All Rights Reserved.
Victim Impact Panels
▪ One or more confrontational meetings that
occur post conviction between willing offenders
and those whose lives have been affected
▪ Not necessarily the exact same victims of the
offender
▪ Not meant to condemn or shame offenders, but
help them make better decisions in the future
▪ Effectiveness thus far has been mixed in
research
Copyright © 2017 Cengage Learning. All Rights Reserved.
Effectiveness of Restorative
Justice Methods (slide 1 of 2)
▪ Measures include:
– Satisfaction with the outcome/process
– Payment of restitution
– Cost savings
▪ Studies show restitution more likely to actually
happen as part of a Restorative Justice
program than tradition court processing
▪ Restorative Justice is less likely to be accepted
by victims of violent crimes than victims of
property crimes
Copyright © 2017 Cengage Learning. All Rights Reserved.
Effectiveness of Restorative Justice
Methods (slide 2 of 2)
▪ Victims’ concerns about RJ are:
– Some victim’s groups find RJ focused on offenders
– Some criticize RJ for its emphasis on reintegrative shaming,
rather than retribution and stigmatization
– Many victims find it difficult to advocate on their own and RJ is
additional pressure
▪ Evaluations of RJ:
– Positive impact on recidivism of juvenile offenders
– Less successful in reducing recidivism of adult offenders
Copyright © 2017 Cengage Learning. All Rights Reserved.
Restitution (slide 1 of 2)
Restitution:
Court-ordered payment by the offender to the victim
(or the victim’s family) to cover the tangible losses
that occurred during or following the crime
▪ Restitution has a long history around the
world
▪ The victim rights movement in the 1960s
put the spotlight on the need for judges to
order restitution
Copyright © 2017 Cengage Learning. All Rights Reserved.
Restitution (slide 2 of 2)


Congress passed 3 statutes in the 1990s to increase
the collection of restitution
Losses by victims available for compensation include:
– Lost income, medical expenses, transportation to court, child
care, counseling sessions, sexual assault exams, HIV testing,
moving expenses, travel and meal expenses, and burial
expenses


Eligible parties include: victims, the victim’s family, and
organizations that provide care, shelter, or counseling
Victims typically apply for restitution through
prosecutor’s office, press charges, and agree to testify
Copyright © 2017 Cengage Learning. All Rights Reserved.
Restitution Problems
Problems associated with restitution are:
– Underutilization
– The lack of victim participation in the system
and general lack of knowledge about
restitution
– Defendant’s indigence
– Determining the proper amount
– Collecting restitution
Copyright © 2017 Cengage Learning. All Rights Reserved.
Indigent Offenders
▪ An indigent defendant who cannot pay
restitution cannot be cited for contempt or
sent to prison
▪ If a defendant can afford but refuses to
pay restitution, he or she may be
incarcerated depending on the
jurisdiction’s laws
▪ Declaring bankruptcy does not excuse
offenders from paying restitution
Copyright © 2017 Cengage Learning. All Rights Reserved.
Determining the Restitution Amount




In Restorative Justice cases, it is determined at the
mediation session
In traditional court cases, the judge sets the amount
Officers can suggest an amount in a PSI report
Amount based on:
– Offender’s financial obligations and ability to pay
– Whether the victim was insured or was partially at fault
– Expenses the victim incurred because of the crime (prosecutor
must establish the amount of harm beyond a preponderance of
the evidence)
– The harms and costs that qualify for restitution
– The effect of a plea agreement
Copyright © 2017 Cengage Learning. All Rights Reserved.
Collecting Restitution
▪ Probation offices, day reporting centers,
and restitution centers collect restitution,
determine the installment payment
schedule and get the funds to the victim
▪ Only about a third to half of felony
offenders pay full restitution before end of
their sentence
▪ Some systems will not an incarcerated
offender if restitution is not paid
Copyright © 2017 Cengage Learning. All Rights Reserved.
Community Service

Community Service:
Unpaid service to the public to compensate for harm done by
the offender


Typically ordered by judge as part of probation
Most frequent types of community service:
Picking up roadside litter, doing landscape maintenance,
removing litter or graffiti, painting buildings


Community service began in the U.S. in 1966 in
Alameda County, California
In the U.S., it has developed as an alternative to fines or
a condition of probation
Copyright © 2017 Cengage Learning. All Rights Reserved.
Probationers Who Were Ordered to
Fines, Community Service, Restitution, and Treatment
Percent Whose Probation Sentence Included
Most serious
conviction/offense
Fine
Treatment
Community
Service
Restitution
All offenses
28%
27%
23%
20%
Felonies – violent
26
29
27
22
Felonies – property
19
18
23
37
Felonies – drug
36
45
21
7
Felonies – Publicorder
27
16
22
26
Misdemeanors
27
13
26
14

Copyright © 2017 Cengage Learning. All Rights Reserved.
Community Service





The U.S. does not follow the English model of allowing
community service to serve as an acceptable alternative
to imprisonment
Community service is both punitive and rehabilitative
Good alternative for indigent offenders who cannot
afford monetary sanctions and wealthy offenders where
such sanctions are not meaningful
States differ in how often community service is
mandated, and is seldom used as a sole sanction
The offender’s employment status must be considered
in determining their schedule
Copyright © 2017 Cengage Learning. All Rights Reserved.
Effectiveness of Community Service




Many nonprofit organizations benefit from the labor
provided by offenders
Completion rates vary, in part depending on strength of
enforcement
While little research has been done regarding
effectiveness, community service has wide public
support
Important questions about community service:




What is its purpose: diversion, reduce recidivism, both?
Should it be used instead of or with other sanctions?
Should it be expanded for prison-bound offenders?
How is its value calculated compared to days in jail or fines?
Copyright © 2017 Cengage Learning. All Rights Reserved.
Fines (slide 1 of 2)
▪ Fine: a monetary sanction imposed by the
judge, the amount depending on the severity of
the offense
▪ Two types of fines: fixed fines and day fines
▪ A fine is viewed as a punishment and can be
imposed as sole penalty or one of other
penalties
▪ Fines in U.S. are underused and their collection
is not well enforced
Copyright © 2017 Cengage Learning. All Rights Reserved.
Fines (slide 2 of 2)
▪ Seldom used in the U.S. as the sole penalty, but
are used as primary penalty for organizational
or corporate defendants
▪ In Bearden v. Georgia (1983), the Supreme
Court held that probation cannot be revoked
solely due to an offender’s inability to pay a fine
or restitution
▪ Unwillingness to pay may result in revocation
Copyright © 2017 Cengage Learning. All Rights Reserved.
Fees
▪ Fee:
A court-imposed reimbursement that the offender pays for the
administration of the criminal justice system



Acquitted defendants do not pay fees
Fees are not considered punitive and indigent
defendants cannot be required to pay them
Typical fees or “costs” are assessed for:







DNA, drug, and alcohol testing
Diagnostic testing
Inpatient and outpatient treatment
Prosecution/court costs
Repayment of fees for appointed counsel
Community supervision fees
EM/GPS
Copyright © 2017 Cengage Learning. All Rights Reserved.
Forfeitures

Forfeiture:
A government seizure of illegally obtained property or used in
connection with illegal activity, and can be either criminal or
civil




In criminal cases, it occurs after conviction
In civil cases, the burden of proof is by preponderance
of evidence
Purpose is to make sure offenders cannot keep illegal
property and discourage the use of homes and
businesses to conduct crimes
Not considered punishment, but (per 8th Amendment’s
ban on excessive fines) cannot be grossly
disproportionate to the seriousness of the offense
Copyright © 2017 Cengage Learning. All Rights Reserved.

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