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Author: Maxwell R. Silverstein Publisher: Nova Publishers ISBN: 9781590334911 Category : Law Languages : en Pages : 94
Book Description
This edited government report discusses federal offenders who were ordered to pay criminal fines and victim restitution. The objectives of this report are to: identify the percentage of offenders who were ordered to pay fines or restitution in fiscal year 1997 and those who were not, identify differences across judicial circuits and districts in the percent of offenders who were ordered to pay fines or restitution and those who were not, and provide officials' opinions about possible reasons for those differences. Also documented are changes in the rate at which offenders were ordered to pay restitution before and after the Mandatory Victims Restitution Act in 1996. In establishing the United States Sentencing Commission, Congress sought uniformity in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offences committed by similar offenders. However, this report calls into question whether that goal is actually achieved and assesses the possibilities for its attainment.
Author: Maxwell R. Silverstein Publisher: Nova Publishers ISBN: 9781590334911 Category : Law Languages : en Pages : 94
Book Description
This edited government report discusses federal offenders who were ordered to pay criminal fines and victim restitution. The objectives of this report are to: identify the percentage of offenders who were ordered to pay fines or restitution in fiscal year 1997 and those who were not, identify differences across judicial circuits and districts in the percent of offenders who were ordered to pay fines or restitution and those who were not, and provide officials' opinions about possible reasons for those differences. Also documented are changes in the rate at which offenders were ordered to pay restitution before and after the Mandatory Victims Restitution Act in 1996. In establishing the United States Sentencing Commission, Congress sought uniformity in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offences committed by similar offenders. However, this report calls into question whether that goal is actually achieved and assesses the possibilities for its attainment.
Author: Douglas M. Sloane Publisher: DIANE Publishing ISBN: 9780756706852 Category : Law Languages : en Pages : 62
Book Description
Discusses federal offenders who were ordered to pay criminal fines & victim restitution. This report: (1) identifies the percentage of offenders who were ordered to pay fines or restitution in FY 1997 & those who were not, (2) identifies differences across judicial circuits & districts in the percent of offenders who were ordered to pay fines or restitution & those who were not, & (3) provides opinions about possible reasons for those differences. Also documents changes in the rate at which offenders were ordered to pay restitution before & after the Mandatory Victims Restitution Act (Title II of P. L. 104-132) was enacted on April 24, 1996. Charts & tables.
Author: David Alexander Publisher: DIANE Publishing ISBN: 9780788177743 Category : Languages : en Pages : 63
Book Description
Individuals convicted of a federal crime can be ordered by the court to pay a fine or restitution at sentencing. Offenders should pay their court-ordered fines and restitution as a lump-sum payment. If it cannot be made, installment payments are to be made. This report studies orders of fines and restitution imposed on federal criminal offenders. It (1) identifies guidance available to probation officers on how to determine payment schedules for offenders who received orders to pay fines to the government and restitution to their victims, and (2) assesses how offenders' payment schedules were actually determined while under court supervision.
Author: Peter N. Allerton Publisher: Nova Publishers ISBN: 9781604565898 Category : Law Languages : en Pages : 88
Book Description
Restitution is the act of restoring an individual or entity in whole or in part to the lost circumstances they might have once enjoyed. In a federal criminal context, it is the order of a sentencing court directing a defendant to reimburse or otherwise compensate the victims of his crimes. Restitution is based on the losses suffered by the victims of a crime. Neither the defendant's financial condition at the time of sentencing or his future economic prospects figure in the amount of restitution awarded. Consequently, in some cases the amount of restitution ordered may exceed what the defendant can ever reasonably be expected to pay, particularly in the case of mandatory restitution. Nevertheless, there have been suggestions that in other instances insufficient restitution has been ordered or collected because of the particularities of restitution law.
Author: Alexes Harris Publisher: Russell Sage Foundation ISBN: 1610448553 Category : Social Science Languages : en Pages : 265
Book Description
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Author: Maxwell R. Silverstein
Author: Maxwell R. Silverstein
Author: Douglas M. Sloane
Author: United States. General Accounting Office
Author: David Alexander
Author: Peter N. Allerton
Author: 
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime
Author: United States. Administrative Office of the United States Courts
Author: Alexes Harris
Author: Virginia. Department of Planning and Budget