The Use of Restitution

Abstract

"Restitution" refers to the payment of money to victims of crime, payment of money to other community organizations, and community service. Possible purposes include redress to the victim, less severe sanction for the offender, rehabilitation of the offender, reduction of demands on the criminal justice system, and the reduction of vengeance. Restitution is being used as a sanction for crime in several exploratory projects, including pretrial diversion programs, special probation proj ects, and community correction centers. A number of unresolved issues have developed from these preliminary efforts to integrate it into correctional programs. A useful classification scheme reflecting the different types of restitution must be developed, and program purposes must be clarified. What is the proper relationship of restitution to other sanctions? When is restitution appropriately used as the sole sanction, when should it be used in conjunction with other requirements, and when is it inappropriate? What role should the victim play in a restitution program? Should the victim have veto power over the use of restitution? Should victim-offender communication be encouraged? Attention to these issues is necessary for the orderly development of the concept of restitution and appraisal of its place in the criminal justice system.