Restitution is defined as the act of giving back something that was taken away or lost. In the legal system, restitution is the court-ordered payment of money or property to compensate a victim for damages or loss resulting from a crime. Restitution is a form of punishment and is intended to deter criminal behavior by making the offender pay for the harm they have caused.
Restitution has been used as a form of criminal justice for centuries, and its use has been growing in recent decades. In the United States, restitution is commonly used as part of a plea bargain, in which the defendant pleads guilty to a lesser charge in exchange for a court order to pay restitution to the victim. Restitution is also used in some cases where the defendant is found guilty and ordered to pay damages to the victim.
The primary goals of restitution are to provide compensation to victims, to deter criminal behavior, and to provide a measure of justice for victims and the community. Restitution may also help offenders to take responsibility for their actions and to provide an opportunity for them to make amends for the harm they have caused.
Restitution is a complex and controversial topic, and there is much debate about its efficacy and fairness. Some argue that restitution disproportionately benefits victims at the expense of offenders, while others argue that it is an important part of the criminal justice system and can help to restore relationships between victims and offenders.
Research on restitution has found that when restitution is ordered, victims are more likely to receive compensation than when it is not ordered. Studies have also found that when restitution is ordered, offenders are more likely to remain crime-free and to have better outcomes in terms of employment and education.
Overall, restitution is an important tool in the criminal justice system, and research suggests that it can be an effective way to provide justice to victims while deterring criminal behavior and helping offenders to take responsibility for their actions.
References
American Bar Association. (n.d.). Restitution. Retrieved fromhttps://www.americanbar.org/groups/criminal_justice/resources/criminal_law/restitution/
Bushway, S. D., & Rehavi, M. (2005). The Effect of Restitution Orders on Recidivism: Evidence From Random Assignment in Criminal Court. Journal of Quantitative Criminology, 21(3), 257–277. https://doi.org/10.1007/s10940-005-5419-5
Lambert, E. G., & Mears, D. P. (2008). Restitution in the Criminal Justice System: Theory, Evidence, and Policy Implications. Crime & Delinquency, 54(3), 397–426. https://doi.org/10.1177/0011128707312053
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. (n.d.). Restitution. Retrieved from https://www.bja.gov/programs/victim-restitution/