Usually not. Most often the restitution does not cover the loss. Restitution that fully covers the loss suffered by the victim is completely fair and just; and should be in addition to any criminal penalty.
Restitution.
Not necessarily. It's not uncommon for criminal charges to be dismissed on the condition the accused pays restitution to the victim.
The Judge ordered the rapist to pay restitution to his victim.Restitution is a form of payment that criminals pay to the victim, the victim's family, or to the government.Since prisoners earn less than minimum wage, they barely pay court ordered restitution.
Restitution is typically aimed at compensating a victim for losses or harm suffered as a result of a crime, rather than deterring future criminal behavior. While restitution may have some deterrent effect, its primary focus is on addressing the harm done to the victim by requiring the offender to make amends through financial or other means. Deterrence, on the other hand, is more about preventing future criminal behavior by imposing consequences on offenders.
In criminal cases, it may be one of the penalties imposed upon the defendant and may require return of stolen goods to the victim or payment to the victim for harm caused. Restitution may be a condition of probation or a reduced sentence.For example, in some states, a court may require persons convicted of domestic abuse crimes to make restitution to a governmental entity that incurred expenses by providing food and shelter to the spouse or children of that person.Typically, statutes specify that the following may be included in setting the restitution amount:Medical expenses.Lost wages.Counseling expenses.Lost or damaged property.Funeral expenses.Other direct out-of-pocket expenses.
No. Civil issues cannot be decided as part of a criminal prosecution. Restitution is a criminal sentence, not a civil award. If the victim would like to seek civil damages, he or she must file a civil suit.
restitution
yes to say that your you and that the other person is not you
The victim could bring a suit against the alleged perpetrator in civil court but if the alleged rapist was not convicted the first time around, the case could not be heard again in criminal court, that would be double-jeapordy.
To avoid garnishment for victim restitution, you should ensure timely payments, communicate with the restitution office to set up a reasonable payment plan if needed, and prioritize restitution payments to avoid falling behind. It's also crucial to seek legal advice or assistance if you are facing financial difficulties that may impact your ability to make payments.
It's "Criminal" vs. "Civil" justice, that's why. Not criminal/victim :-)