how does criminal restitution work?

Question

I am in a criminal justice class, and for extra credit i have to explain how restitution works. Ex. how the victim gets the money and who gives the money to the victim. Does the state collect the entire amount and then give it to the victim.ext.ext.

Answer 1

Restitution is you pay

Answer 2

Restitution is where someone repays a benefit they have improperly gained. Restitution applies whether the person did anything wrong or not, as long as they are unjustly enriched at another person's expense, and the court determines that repayment is appropriate. Restitution may be different than damages, because it applies any time a benefit is gained, whether or not the other party is hurt or whether or not the other party loses anything.

Criminal restitution happens when the defendant gains some benefit from the crime. Rather than allowing the defendant to retain that benefit, the court orders the defendant to pay the fair value of the benefit they gained from the crime. It's a way to prove that crime doesn't pay.

As far as exactly how the payment changes hands, that varies by state. The defendant may pay the money directly to the victim, or through the state, or the state may seize property of the defendant to recompense the victim; it may be done in one payment, or installments... many different possibilities.

Answer 3

There are many of types of restitution. The most commonly ordered form is financial, which requires the offender to make payments directly to the victim of the crime. Financial community restitution requires the offender to make payments to a community agency, like a restitution center, which then pays the victim. Individual service restitution requires that the offender provide a service for the victim. An example of that would be that the offender has to repair or replace property stolen or damaged during the crime. Community service restitution requires the offender to perform community service. Also, some states allow restitution fines, which are different from actual restitution because the money paid by the offender is deposited in the state's crime victim compensation fund for later distribution or operating expenses.

Answer 4

1

Answer 5

The defendant is placed on probation and ordered to make monthly payments to the Probation Officer who sends it to the District Attorney's office, who disburses the money to the victim(s) Doesn't actually have to be probation, a person could be ordered to pay it after a prison sentence, but that is uncommon. I think it could vary from state to state.

Answer 6

I once had my tires slashed along with many other cars at a local restaurant. They caught the guys that did it and they had to make monthly payments to the court who then paid out in payments the value of the tires to everyone who had their tires slashed. They just put everybody's name on a list along with the value of the tires and paid us off when our name came up. I believe I got mine in three separate checks over a three month period. If I remember right, these guys had to pay back almost $4000 and this was back around 1978 when tires were a whole lot cheaper!

Answer 7

if you get a hooker to give a ******** and you fail to pay her pimp may require you to pay restitution . sometimes if the john has no money he himself may be pimped out to repay the fee for the original ********.