Limitations On Restitution
Some judicial systems only recognize monetary restitution agreements. For instance, if victim and offender agree that the offender would pay $100 and mow the victim's lawn five times, the court would only recognize the $100 as restitution. Some agreements specify a larger monetary amount (e.g. $200) to be paid if the non-monetary restitution is not completed.
Many jurisdictions cap the amount which a juvenile offender can be required to pay. Labor regulations typically limit the personal service tasks that can be performed by minors. In addition, personal service usually must be approved by the juvenile's parents.
According to the Victim Offender Mediation Association, victims are not allowed to profit from restitution (the equivalent of punitive damages; only out-of-pocket losses (actual damages) can be recovered. Courts can disallow unreasonable compensation arrangements.
Poor facilitator training is a common cause of poorly designed agreements.
Read more about this topic: Restorative Justice
Famous quotes containing the words limitations and/or restitution:
“Growing up means letting go of the dearest megalomaniacal dreams of our childhood. Growing up means knowing they can’t be fulfilled. Growing up means gaining the wisdom and skills to get what we want within the limitations imposed by reality—a reality which consists of diminished powers, restricted freedoms and, with the people we love, imperfect connections.”
—Judith Viorst (20th century)
“When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.”
—Bible: Hebrew, Exodus 22:14,15.