Restitution
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Restitution can be defined as one or more of the following:
- A payment made for damage or loss.[1]
- An equitable remedy that restore a person to the position they would have been in if not for the improper action of another.[2]
- A legal action serving to cause restoration of a previous state. [3]
- A monetary payment by the offender to the victim for the harm reasonably resulting from the offense.[4]
History
Restitution began in ancient times under the Babylonian Code of Hammurabi.[4] An example:
- "If anyone opens his ditches to water his crop, but is careless, and the water floods his neighbor's field, he shall pay his neighbor corn for his loss." [5]
Restitution and restorative justice
Goal
Restitution proactively involves the victim and offender in repairing the harm done to the victim (Weitekamp, 1992 at 82). It can be argued that restitution is preferable because instead of simply increasing the total amount of harm suffered by interested parties, restitution aims at repairing the victim, and making the offender a productive person (Evarts, 1990 at 16-20). Restitution provides a sanction that is more clearly related to the offense than punitive measures, and it better restores a victim to the place he/she occupied before the offense (Bakker, 1994 at 1490).[4]
See also
External links
References
- ↑ Cambridge University Press "Definition of Restitution"
- ↑ Lectric Law Library's Lexicon "Definition of Restitution"
- ↑ Merriam-Webster "Definition of Restitution"
- ↑ 4.0 4.1 4.2 PFI Centre for Justice and Reconciliation "Restitution"
- ↑ duhaime.org "Hammurabi's Code of Laws (circa 1780 B.C.)" Code #55
