What is wrong with someone having to pay restitution?

[ripcord]

When someone has committed a crime and deprives someone of their property or destroys property what is wrong with requiring them to pay restitution to reimburse the injured party?

[elleng]

1. Nothing

[brooklynite]

2. Umm, context?

[ripcord]

3. I was told since it is too much to put on the poor

Since you can't discharge the debt in any way it is too punitive.

[MichMan]

4. What if the person owed restitution is also poor?

[BigMin28]

5. These people weren't poor

They managed a trip to Washington D.C. Food, lodging, and whatever transportation. The blonde from Frisco Texas chartered a private plane.

[ripcord]

8. I hate to break this to you but not everything is about the insurrection

This certainly wasn't.

[brooklynite]

9. Well, I still have no idea what this IS about...

Your OP asked a question which suggests that someone has said criminals should not have to pay restitution. In which case, what is the instance?

[Jacson6]

6. If it is a felony then the person most likely won't be able to pay it.

This can lead to a parole violation and returning the person to prison. Convicted felons have a hard time finding employment or contracting jobs. To continue punishing people after they have served a prison sentence is inhuman when they can't pay the money from no job or a minimum wage job.

[ripcord]

7. So they aren't responsible for their actions?

A conviction and jail time doesn't do anything to compensate the victims.

[TheProle]

11. If they can't pay

they get sentenced to be the victim’s butler.

[Demsrule86]

12. The person goes to jail and that is sufficient in my opinion. It is impossible for some to make

restitution and I do not believe it should be part of the justice system.

[Jacson6]

14. I think that a convicted felon serving their time is punishment enough.

[ripcord]

17. So how does that help compesate the victim? nt

[Jacson6]

24. It is impossible to compensate a victim.

Is it $1M, $10M or $100M? People that commit felonies should be punished with some prison time, but not be punished for life by debt they can not pay. Thankfully newly elected DA's across the country are seeing this as a needed part of punishment.

[Effete Snob]

16. The victims can bring a civil suit

While restitution can be, and is, ordered in many situations, you have not given a hint what your circumstances might be about.

One can pursue a civil action against someone who has wrongfully damaged one’s person or property.

[MichMan]

19. Still doesn't mean the victim will ever see a dime either way

[Effete Snob]

25. Yes, there is no magic money machine

Obviously, if it is not a significant amount or the person can’t pay, there is no point in suing them.

[ripcord]

21. They can discharge a lawsuit though bankruptcy

Restitution is there until paid off, the victim should take precedence of the criminal.

[Effete Snob]

26. Try this sometime

Find the part about victims in the Bill of Rights.

Criminals are protected against:

4 - warrantless searches

5 - self incrimination, double jeopardy, frivolous charges

6 - not having a lawyer, not being able to subpoena witnesses, not having a jury

8 - lack of bail, cruel and unusual punishment

That’s 40% of the Bill of Rights - spent on protecting criminals and suspected criminals.

Now, find the part about victims.

[Demsrule86]

13. I agree.

[delisen]

15. I say drop the prison sentence and let them pay restitution instead

I have lost many thousands in burglary and wasted my time calling police. I located the stolen goods, gave the info to detective who said he would get right on it -but never did.

Problem is insurance. Most people have low deductibles and claim insurance. Police take reports and take no action. Having highdeductibles really doesn’t save much on premiums. At this point the best strategy is to spend money on alarms, cameras, fences, and dogs and minimize possessions.

[mopinko]

10. in my limited experience

in cases where restitution would serve the cause of justice, charges can be dropped.
property crimes anyway.

[MichMan]

20. So, if someone embezzles large sums of money, charges are dropped if they give it back?

Should politicians convicted of soliciting and taking bribes get to just give it back and not face charges?

[MichMan]

18. What should be done to those who agree to restitution in a plea bargain & make zero attempt to pay ?

Agree to pay restitution in exchange for a lighter sentence, and then never seem to make any effort to pay it.

[Ohio Joe]

22. Well...

In and of itself, restitution sounds great and if a person can pay it, even better but... If a person can't pay it, more penalties get added on. Loss of the right to vote, to drive, excessive garnishment of wages. This makes poor people even poorer and makes it extremely difficult for them to stay on the right side of the law. If people are beaten down to where they can't make enough to have a roof over their head or eat, they will turn to crime.

Also, the restitution does not always go to the person who was offended against, it goes to the state. There are many cases where there is nobody to pay (they were reimbursed by insurance or no specific person was damaged, just someone could have been or the damage was to the state). And the amount is not determined by what was taken or damaged but rather what the court decides.

I know a few people in this position and it will fuck with them the rest of their lives. Restitution may sound fair but the way it is actually implemented is seriously fucked. I do not support it.

Edit - I also forgot... If the crime involves prison time, the restitution does not just wait there, it get interest the entire time while it is impossible for the prisoner to even attempt to pay.

[ret5hd]

23. Why are you so reluctant to give context???

[LiberatedUSA]

27. It depends...mainly bias.

A judge just said vandalism is ok if you strongly believe in your cause, giving those that tore down a confederate statue a pass.

I am sure those that have vandalized things we like, strongly believe in their vandalism. Just have to strongly enjoy what you are trashing and the jury will go along with it; I guess.

[MichMan]

28. St. Louis-area bookkeeper sentenced for stealing $670,000 from charitable trust

Question for those who are opposed to restitution. Why should this person not have to pay back what she stole?


ST. LOUIS (AP) — A St. Louis-area bookkeeper has been sentenced to nearly four years in federal prison for stealing $670,000 from a trust fund that provided money for several charities.

Paula K. Smith, 69, of O’Fallon, Missouri, was sentenced Wednesday in U.S. District Court. She pleaded guilty in July to mail fraud and money laundering charges.

Smith worked at an accounting firm that managed a client’s trust fund. Federal prosecutors say that from October 2013 to June 2018, Smith wrote checks amounting to $670,000 to herself from the trust fund that had over 20 beneficiaries, including 12 charitable organizations.


https://www.democraticunderground.com/12012752