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The
issue of restitution is increasingly being discussed within
the field of elder abuse and adult protective services as
more cases of financial elder abuse are handled within the
criminal justice system. Restitution is a mechanism through
which offenders compensate victims for losses that result
from crime. There are several types of restitution:
- Financial
restitution is the payment of money by the offender to
the victim
- Financial-community
restitution is when the offender pays money to other entities
such as community programs
- Individual
service is when the offender is required to perform a
service for the victim such as repairing damage to the
victim's personal property
- Community
service, which is usually required as a condition of probation,
requires the offender to perform service to the community
Restitution
is usually imposed as a condition of probation but may also
be ordered as a condition of parole. Some states have correctional
restitution in which offenders who are sentenced to prison
or detention facilities are required to participate in work
programs and to set aside a portion of their wages for their
victims or the state.
Although
the right to receive restitution is widely recognized, a
variety of problems limit the effectiveness of the existing
restitution process at the state and federal levels. These
include the failure of many courts to order restitution
and the absence of efficient systems to ensure that restitution
orders are enforced. Failure to collect from those who have
been ordered to pay, and inequalities with respect to who
receives restitution, further reduce the likelihood that
perpetrators will be held accountable. These problems further
reduce victims' incentives to participate in the criminal
justice system.
To
learn more about the problems associated with restitution,
see:
Forgotten
victims of elder financial crime and abuse: A report and
recommendations (1999, 62 pp). Goldman Institute on
Aging. Click
here. (By clicking, you will leave the NCPEA web
site.)
Justice
for the forgotten victims of financial crimes. An interview
with Martin Plone. nexus, a Publication for NCPEA Affiliates.
September 1997. Click
here to view.
Last
Updated March 2003
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