Reparation or Restitution by the Criminal Offender to His Victim: Applicability of an Ancient Concept in the Modern Correctional Process

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In theory victims of crime have for centuries had available to them the civil remedy of a tort action against persons who have wronged them through the commission of crime. In practice, however, this remedy is in most instances of little value. In many cases the offender is unknown; or where he is known, the victim often cannot afford the expense, in terms of money and time, of bringing a law suit against the offender.l In addition, since perpetrators of violent crimes are typically poor or financially destitute,2 a judgment against such oSenders would be uncollectible. Moreover, if convicted and imprisoned, an offender's incarceration merely serves to compound his destitute condition for as a rule inmates of today's prisons are able to earn very little, if any, money during their con-