Restitution Agreements

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Restitution laws generally define the elements to be considered by the court before deciding on restitution. Alaska law provides that, in setting the amount and method of payment of reimbursement, the court shall take into account the following: (1) public order, which favours requiring criminals to be compensated for damages and injuries suffered by their victims; and (2) the financial burden borne by the victim and those who provide services to the victim and by others who have been injured by the offence related to the criminal behaviour of the accused. 46 The FLU Unit will follow various means of enforcing the reimbursement on behalf of identified victims for 20 years from the date of filing of the judgment (plus the period of actual detention) or until the death of the defendant, as permitted by the judgment and its resources. While an accused is under the supervision of a probation officer, that probation officer will also monitor and ensure that an adequate refund is paid if possible. Reimbursement can be ordered to cover many of a victim`s crime-related expenses. As a general rule, the laws stipulate that the following provisions may be taken into account in determining the amount of restitution: each State gives the courts the legal power to order reimbursement. In addition, 18 of the 32 constitutional amendments to state victims of crime give victims a right to reparation.4 The orthodox view suggests that there is only one principle on which the restitution law depends, namely the principle of unjustified enrichment. [2] [3] However, the view that restitution, like other legal reactions, may be caused by one of the many cause-and-effect events, is becoming increasingly widespread. These are real-world events that trigger a legal backlash. There is no doubt that unjustified enrichment and injustice can trigger an obligation to repay. Some commentators suggest that there is a third basis for reimbursement, namely the justification of the property rights in which the defendant intervened.

[4] It can be argued that other types of cause-and-effect events can also trigger an obligation to return. A restitutionary theory of attorneys` fees in class actions by Charles Silver (Cornell Law Review) (1991) Many victims are interested in how they can be reimbursed for financial losses they have suffered as a result of a crime. . . .