Victim restitution is when a court orders an offender to compensate a victim for losses incurred due to a crime. This is part of restorative justice, aiming to repair harm caused by the crime and rehabilitate the offender. Restitution can be difficult to collect, and the amount is often based on the offender’s ability to pay.
Victim restitution is an amount of money or property that a court orders an offender to give to the victim or victims of a crime, often as part of the offender’s sentence. The payment is intended to compensate the victim for the losses incurred as a result of the crime. If the victim required medical treatment or counseling as a result of the crime, the victim restitution order may include a charge that the offender be ordered to pay those costs. Other expenses for which the victim may be repaid include compensation for loss of wages if the victim was unable to work as a result of the crime, loss of or damage to property as a result of the crime, and funeral expenses in case of murder or manslaughter.
The idea of victim restitution is often part of a legal concept known as restorative justice. Restorative justice seeks to have the offender repair the harm caused by the crime and seeks to have the victim of the crime compensated for that harm. In restorative justice, the offender can be ordered to take responsibility for the action by apologizing or making restitution. The application of victim restitution can be found in legal practice since ancient times, and examples can be found in the oldest books of the Bible, Roman law, and Native American practices.
Three benefits are commonly claimed in granting victim restitution. The first is to compensate for, or at least acknowledge, the victim’s losses. The second and third are aimed at the rehabilitation and punishment of the offender. The goal is for the offender to see the losses caused by the crime and for this to lead to rehabilitation.
Many courts consider the offender’s ability to pay when ordering the restitution of the victim. Some jurisdictions will recognize non-monetary forms of restitution, while others will not. In most cases, victims can only be compensated for the amount of losses they suffered from the crime.
While many courts order the restitution of the victim, collecting that restitution is often difficult. In some cases, the court may make the restitution payment part of the terms of probation, and it is more likely to be paid in these cases. In other cases, victims may wait years to be paid for the restitution ordered or may not receive payment at all. Some jurisdictions may also collect restitution ordered by an offender’s tax refunds, garnishment of wages, or other similar means.
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