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Documents |
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| NCJ Number:
|
NCJ 100139
|
| Title:
|
National Restitution Training Series, Tape 5: Legal Issues in Restitution Programming
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| Author(s):
|
H Feinman
|
| Corporate Author:
|
US Dept of Justice
Office of Juvenile Justice and Delinquency Prevention
RESTTA Program
United States
|
| Sale:
|
National Institute of Justice/NCJRS
Audiovisual Sales
Box 6000, Dept F
Rockville, MD 20850
United States |
| Publication Date:
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1986 |
| Type:
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Training Materials |
| Origin:
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United States |
| Language:
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English |
| Note:
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VHS video-cassette, color, 50 mins. in length |
| Annotation:
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A lawyer experienced in juvenile restitution cases discusses issues and legal trends affecting restitution programs including liability, constitutional challenges, and types of losses covered by restitution orders. |
| Abstract:
|
After stating the general principle that a program is not liable as long as it is not negligent, the speaker describes legal tests for negligence and exceptions such as workmen's compensation laws. Also covered are situations where the youth is negligent, the doctrine of sovereign immunity, and solving liability problems through waivers and insurance. The speaker emphasizes that, unless restitution orders specify amounts and are signed by the judge, a juvenile's due process rights are violated. Three constitutional issues are examined: due process in preadjudication and adjudication proceedings, equal protection as it relates to the offender's ability to pay and revoking the restitution order, and 13th amendment protections against involuntary servitude. The speaker explores legal limitations on setting restitution amounts in plea-bargained cases, ordering restitution paid to a symbolic victim such as a local charity, and apportioning restitution among the primary offender and accomplices. In concluding the presentation, he comments that restitution is generally ordered for easily measurable losses and does not take into account pain and suffering. |
| Main Term(s):
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Juvenile restitution |
| Index Term(s):
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Juvenile processing ; Legal liability |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=100139
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* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
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