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The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights. In practice the law prevented the California courts from interpreting the state constitution so as to impose an exclusionary rule more strict than that required by the federal constitution. [3]
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained.
Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. [38] Sometimes, however, judges do not order restitution.
A federal judge heard arguments Thursday over whether a boat captain should pay restitution to the families of 34 people killed in a California scuba dive boat fire in 2019, with prosecutors ...
Feds seek more than $340,000 from Sherri Papini over a September 2022 restitution order from her kidnap hoax.
The Board's Restitution and Recovery Program works to ensure that, where possible, perpetrators of violent crimes are ordered by the courts to pay restitution. The CalVCP program was the first program of its kind when it began in 1965, with the goal to help and provide financial assistance to victims of violent crime and those at threat of ...
Chavez 2018 has ruled there is no judgement of conviction. If a person is granted probation, the court can impose many conditions on a grant of probation (conditions of probations are not sentences), including up to one year in county jail, money fines up to the maximum allowed by state law, and restitution to the victim for actual losses. [17]
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.