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The Mandatory Victim Restitution Act of 1996, [13] codified in part at 18 U.S.C. § 3363A, requires courts to order that a defendant pay a victim restitution in certain cases, such as those that involve crimes of violence or pecuniary loss to the victim. [14] Child pornography cases are included in this mandate, as codified in 18 U.S.C. § 2259 ...
Paroline v. United States, 572 U.S. 434 (2014), is a case in which the United States Supreme Court ruled that to recover restitution under 18 U.S.C. § 2259, the government or the victim must establish a causal relationship between the defendant's conduct and the victim's harm or damages.
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. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
A widow whose husband was caught up in the Post Office Horizon scandal is calling for compensation payments for victims to be speeded up after she received her husband's offer of redress days ...
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.
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
The report recognizes an offender's obligation to make fair restitution to his or her victim, acknowledges that victims are entitled to fair treatment and access to the mechanisms of justice, and generally draws attention to the need for victims' rights in the criminal justice process.
Restitution – Victims may be awarded payments as a way to compensate them for losses, either through direct payments for individuals or through payments into a general fund. These may cover the cost of things such as lost wages, medical costs, or property damage.