In essence, the word restitution refers to the compensation or restoration of a stolen element to its owner. Legally, restitution is the law that supports gain-based recovery. For instance, if a judge orders restitution, the accused is supposed to extend their gains to the plaintiff. Most states have different restitution laws that act as a sentence and implicate offenders to face the consequences of their crime. Restitution is ordered when the court finds it essential for the offender's rehabilitation, if it is required for the victim's comfort and if the victim suffered losses as a result of the offender's actions (Streicker, 2020) . A victim is an individual that has suffered physical, financial, emotional, or mental harm as a result of a criminal activity or a family member of an individual whose death or incapacitation was caused by criminal activity (Gavrielides, 2017) . Restitution is mostly relevant in theft and fraud cases.
Types of Restitution
There are three common restitution types: monetary restitution, community service restitution, and direct service to the victim (Schneider & Finkelstein, 2020) . Monetary restitution refers to a financial remedy that seeks to compensate the victim or their losses. The offender is expected to pay a sum of money to restore or compensate for the victim's value. A good example is a defendant accused of shoplifting. If the jury finds them guilty and orders restitution, the offender will pay the victim the sum of money equivalent to the stolen items as a form of settlement. This restitution type is beneficial because it does not require further contact between the offender and the victim after the settlement.
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Community service is said to be the most common type of restitution. It is a form of restitution intended to benefit the community that has been harmed by the offender. This sentence is granted as a form of punishment or in addition to other orders such as jail time. However, the judge must follow specific rules when ordering this type of restitution. The community service ordered must be for the benefit of the community, and this restitution is not suitable for serious crimes such as murder and kidnapping. The order must observe the offender's fundamental human rights, and the type of service must be related to the offense. For instance, if one is charged with drug abuse, he/she could be committed to serving at a rehabilitation and counseling center.
The third type of restitution is direct service to the victim. It is considered to be the rarest form of restitution. Judges tend to avoid this because it requires direct contact between the victim and the offender, which might spark more differences. However, it is considered to be a peacemaking strategy through reconciliation and mediation. Direct service to the victim is slowly becoming popular, and it mostly involves reconstructing or repairing the victim's damaged properties, including activities such as window/door repairs and wall painting.
Problems of Restitution
Restitution has its challenges. One of the problems is that the judge does not consider the defendant's ability to pay, especially when ordering monetary restitution. The inability of the defendant to pay restitution might prolong the case causing prolonged trauma to the victim. Another problem occurs when the defendant is able but unwilling to pay restitution to the victim. This will not only prolong the case but contribute to further conflict between the offender and the victim. Restitution, particularly community service, might interfere with the defendant's right to obtain paid employment. Community service often takes most of the individual's time, and it is most likely to be unpaid, rendering the offender incapable of earning wages and fend for their family. This might lead them back to committing criminal activities such as theft. This method of settlement may not make an impact on rehabilitating the offender because it does not involve any form of correctional counseling.
Restitution Collection
The restitution process begins when the probation officers embark on determining the amount of damage suffered by the victim. This stage requires the victim to complete a victim impact statement. The judge also considers the seriousness of the crime and the offender's financial gain. When the need for restitution is identified, the judge issues a restitution order, instructing the offender to fully or partially compensate for the victim's losses. This process also involves investigating the defendant's property and net worth to establish if he/she would pay a full payment or partial payments through installments. Monetary restitution is often received by the government and distributed to the individuals in the Victim Notification Program (VNS).
Areas for Improvement
One aspect that could improve in this process is the time taken for the victim to receive restitution. The government should shorten the time for approval and implement follow-up procedures to ensure the offender commits their restitution on time. Most of the victims do not receive their full compensation due to negligence and lack of follow up by the system. This should be a point of concern and lead to an improvement in the system.
New Programs or Policies to be Enacted
Other than monetary restitution, I would like to see the introduction and enactment of psychological restitution policy and programs. This is because acts of crime could traumatize the victim, and more often than not, these individuals cannot afford therapy sessions. This strategy could be achieved by ordering the offender to cater to the victim's medical and counseling expenses. This policy would be suitable for victims of car crashes, fraud, kidnapping, or stalking. I believe that the victim has a right to receive psychological healing as a form of restitution, to make them whole again.
References
Gavrielides, T. (2017). The victims’ directive and what victims want from restorative justice. Victims & Offenders , 12 (1), 21-42.
Schneider, P., & Finkelstein, M. (2020). RESTTA National Directory of Restitution and Community Service Programs ; Types of programs and services. Retrieved 12 January 2021, from https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/restta/index.html
Streicker, S. (2020). Restitution Law for Victims of Crime. Retrieved 12 January 2021, from https://www.nolo.com/legal-encyclopedia/restitution-law-victims-crime.html
