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: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Sections 3663 and 3663A authorize restitution orders for the benefit of the victims of the crime of conviction. [...] Sections 3663 and 3663A explain that the term victim includes someone harmed by a scheme, conspiracy, or pattern of activity that is an element of the crime of conviction, and twice describe the circumstances under which representatives and others may stand in the shoes of a victim. [...] In the case of conspiracy, a defendant may be compelled to make restitution both for the harm caused by his or her own misconduct and for the harm of the foreseeable crimes of his coconspirators. [...] The procedure begins upon the conviction of a defendant for a predicate offense, at which point the court directs the probation service to investigate and prepare a report identifying each victim of the offense and the extent of their injuries, damages, or losses. [...] The court resolves contested restitution issues by a preponderance of the evidence following a hearing, at which the prosecution bears the burden of establishing the existence and extent of the victims' losses and the defendant bears the burden of questions regarding his or her finances.
Author: Charles Doyle Publisher: ISBN: 9781614706939 Category : Sentences (Criminal procedure) Languages : en Pages : 0
Book Description
The Federal Sentencing Guidelines greatly influence the sentences imposed for federal crimes. Once binding on federal courts, the Guidelines are now the starting point for Federal sentencing in most cases. They provide the principal standard against which the reasonableness of any sentence imposed is judged. This book provides an overview of how the federal Sentencing Guidelines work and an examination of the three strike mandatory sentencing provision. Also discussed is the duration and conditions for an offender's supervised release term and a look at restitution in federal criminal cases
Author: Peter N. Allerton
Author: Charles Doyle
Author: Catharine M. Goodwin
Author: 
Author: 
Author: United States. Department of Justice
Author: United States Sentencing Commission
Author: United States. Congress. Senate. Committee on the Judiciary
Author: Charles Doyle
Author: U S Government Accountability Offi Gao