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Chapter 10

Chapter 10. Economic and Restorative Justice Reparations. Introduction. Community justice is a philosophy of using the community to control and reduce crime and to rebuild community relationships through community policing, community courts and restorative justice.

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Chapter 10

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  1. Chapter 10 Economic and Restorative Justice Reparations

  2. Introduction • Community justice is a philosophy of using the community to control and reduce crime and to rebuild community relationships through community policing, community courts and restorative justice. • Restorative justice is a sentencing philosophy that emphasizes the offender taking responsibility to repair the harm done to the victim and the surrounding community. LO: 1

  3. Restorative Justice Principles • RJ is community-based and combines mainstream American criminal justice with indigenous justice practiced by Native Americans. • RJ focuses on the victim, the offender and the community, rather than just punishing the offender. • RJ uses reintegrative shaming rather than disintegrative stigmatization. LO: 1

  4. Forms of Restorative Justice All forms of RJ take place post conviction in the sentencing phase. The forms are: • Victim-offender mediation • Reparation boards • Family group conferencing • Circle sentencing LO: 2

  5. Effectiveness of Restorative Justice Methods • Measures of RJ include: • Satisfaction with the outcome/process • Payment of restitution • Cost savings • Recidivism rate LO: 2

  6. Effectiveness of Restorative Justice Methods, Con’t. • Problems with RJ are: • The involvement of community members who may place blame on the victim • Some victim’s groups find RJ still focused on offenders • Some criticize RJ for its emphasis on reintegrative shaming, rather than retribution and stigmatization LO: 2

  7. Restitution • Restitution is 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. • The history of restitution goes back to the Bible and the Code of Hammurabi. • Stephen Schafer argued in the 1960s that to elevate the victim’s importance, restitution must be a part of the system. LO: 3

  8. Restitution, Con’t. • Congress passed three acts in the 1990s to increase the collection of restitution. • Losses by victims available for compensation include: • Lost income, medical expenses, transportation to court, necessary child care, counseling sessions, sexual assault exams, and more • Eligible parties include the victim or the victim’s family LO: 3

  9. Restitution Problems • Problems associated with restitution are: • Underutilization • restitution is ordered in only 14% of felony convictions • The lack of victim participation in the system and general lack of knowledge • Indigence of the defendant • Determining the proper amount • Collection LO: 3

  10. Effectiveness of Restitution • Studies reflect that probationers in Pennsylvania and inmates in Minnesota who paid restitution were less likely to be rearrested and reconvicted. • Offenders, victims and the general public find restitution to be a fair community sanction. LO: 3

  11. Community Service • Community Service is unpaid service to the public to compensate for harm done by the offender. • The most frequent type of community service is picking up roadside litter, doing landscape maintenance, removing litter or painting buildings. • Community service began in the U.S. in 1966 in Alameda County, California. LO: 3

  12. Community Service, Con’t. • The U.S. did not follow the English model of allowing community service as an acceptable alternative to imprisonment. • Community service is both punitive and rehabilitative. • While little research has been done regarding effectiveness, community service has wide public support. LO: 3

  13. Fines • A fine is a monetary sanction imposed by the judge with the amount depending on the severity of the offense. • The 3 types of fines are fixed fines, forfeitures and day fines. • 90% of fines go to victim/witness assistance programs or victim compensation funds. • A fine is viewed as a punishment. LO: 3

  14. Fines, Con’t. • Fines are ordered in 25% of all felony cases and 13% of federal cases. • 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. LO: 3

  15. Forfeiture & Day Fines • A forfeiture is a government seizure of property that was illegally obtained or used in connection with illegal activity, and can be either criminal or civil. • Day fines, or structured fines, are court fines figured as multiples of the offender’s daily income and provide the same percentage of financial hardship to each offender. LO: 3

  16. Fees • A fee is a court-imposed reimbursement that the offender pays for the administration of the criminal justice system. • Typical fees or “costs” are assessed for: • DNA testing • Prosecution/court costs • Supervision fees • Electronic monitoring/GPS LO: 3

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