Fines and Restitutions in Federal Criminal Cases

Fines and Restitutions in Federal Criminal Cases
Author: Peter N. Allerton
Publisher: Nova Publishers
Total Pages: 88
Release: 2008
Genre: Law
ISBN: 9781604565898

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.

Federal Criminal Restitution

Federal Criminal Restitution
Author: U S Government Accountability Offi Gao
Publisher: Independently Published
Total Pages: 42
Release: 2019-06-10
Genre:
ISBN: 9781072903390

FEDERAL CRIMINAL RESTITUTION: Factors to Consider for a Potential Expansion of Federal Courts' Authority to Order Restitution

Federal Criminal Restitution

Federal Criminal Restitution
Author: United States. Government Accountability Office
Publisher: Createspace Independent Publishing Platform
Total Pages: 40
Release: 2017-12-16
Genre: Criminal procedure
ISBN: 9781981766123

FEDERAL CRIMINAL RESTITUTION: Factors to Consider for a Potential Expansion of Federal Courts' Authority to Order Restitution

Restitution in Federal Criminal Cases

Restitution in Federal Criminal Cases
Author:
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

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.

Guidelines Manual

Guidelines Manual
Author: United States Sentencing Commission
Publisher:
Total Pages: 556
Release: 1988
Genre: Criminal justice, Administration of
ISBN: