Download or read book Mandatory Victim Restitution written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fines and Restitutions in Federal Criminal Cases written by Peter N. Allerton and published by Nova Publishers. This book was released on 2008 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Arithmetic of Justice written by T. Hill and published by . This book was released on 2013 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mandatory Victims Restitution Act requires restitution for federal crimes involving property. In particular, the defendant is required to return any property taken, or, if return is impossible, to pay for the victim's loss, which may be offset by a partial return of the property. In mortgage fraud cases, this usually entails calculating the lender's loss -- an unpaid loan -- and offsetting that loss by the value of the collateral for the loan, which the lender recovers. The circuits disagree about how to value the recovered collateral as an offset to restitution: Should its value be determined by its appraised fair market value or, conversely, by its final foreclosure price when the victim-lender sells it? This Note concludes that courts should presumptively use the foreclosure price, except when that price can be shown not to approximate the value at the date of return.
Download or read book Criminal Fines and Restitution written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and published by . This book was released on 2000 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mandatory Victim Restitution written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Primer Crime Victim s Rights written by United States Sentencing Commission and published by . This book was released on 2019-09-19 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer provides a general overview of crime victims' rights under the Crime Victims' Rights Act ("CVRA"), as described in 18 U.S.C. � 3771, the related provisions of the Mandatory Victim Restitution Act ("MVRA") and the Victim and Witness Restitution Act ("VWRA"), and the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. The Sentencing Guidelines implement the CVRA through USSG �6A1.5 and the related restitution provisions through USSG ��5E1.1 and 8B1.1.
Download or read book Federal Criminal Restitution written by Catharine M. Goodwin and published by West Group. This book was released on 2008-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution Pursuant to the Victim and Witness Protection Act written by United States. Department of Justice. Criminal Division and published by . This book was released on 1987 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fines and Restitution in Federal Courts written by Maxwell R. Silverstein and published by Nova Publishers. This book was released on 2003 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Restitution in Criminal Justice written by Joe Hudson and published by . This book was released on 1976 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Guidelines for Victim and Witness Assistance written by U.s. Department of Justice and published by Createspace Independent Publishing Platform. This book was released on 2012-06-06 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Attorney General of the United States and the U.S. Department of Justice Office for Victims of Crime strive to pursue justice for criminal acts and that pursuit includes justice for the victims of and witnesses to crime. The 2011 Edition of the Attorney General Guidelines for Victim and Witness Assistance reflects current statutory provisions, recognizes the technological and legal changes that have taken place since the previous Guidelines were promulgated, and incorporates best practices that will benefit victims and enhance investigations and prosecutions.
Download or read book Guideline Sentencing written by Jefri Wood and published by . This book was released on 2002 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Pound of Flesh written by Alexes Harris and published by Russell Sage Foundation. This book was released on 2016-06-08 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Restitution Improvement Act of 2006 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2006 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
