Source: (1990) In: B. Galaway and J. Hudson (eds.), Criminal Justice, Restitution, and Reconciliation. Monsey, NY: Criminal Justice Press, pp. 23-36.
This essay compares civil restitution and “criminal restitution. Comparisons are made on 30 variables, including: the nature and legal status of the victim; the primary justifying aims, status and priority of restitution; compensable harms and the way harm is assessed; eligible cases, procedural standards and limiting principles; the relationships between restitution and other compensatory procedures such as civil action, the combined trial, public compensation programs, and victim surtaxes; the victim’s duties and rights; the role of the prosecutor and the status of victims’ private counsel.
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