Depending on the nature of the offense, a court may be required to order a convicted corporation to pay victim restitution. In other instances, it may do so as a matter of discretion. In still others, the court may impose restitution as a condition of probation or pursuant to a plea bargain.
Restitution is required when a defendant has been convicted of
• a crime of violence;
• a crime against property including fraud;
• maintaining a crack house; tampering with consumer products;
• theft of medical products;
• sexual abuse;
• child pornography;
• domestic violence;
• telemarketing fraud;
• child support;
• copyright and trademark infringement;
• production of methamphetamines; or
• human trafficking.
The court may order restitution when a
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841 (possession with intent to distribute), 848 (drug kingpin), 849 (trafficking a truck stops or rest stops), 856 (maintaining a crack house), 861 (using children in drug operations), 863 (drug paraphernalia).
In the absence of other specific authority, the court may order restitution as a condition of probation or pursuant to a plea bargain. In related matter, corporate defendants convicted of fraud may be ordered to pay for victim notification.
a. Community Service
The Guidelines provide that a corporation may be sentenced to perform community service related to the harm caused by its offense as a probationary condition as long as the corporation has skills, facilities, or knowledge particularly suited to task. Otherwise, it suggests that fines or other monetary sanctions may be more appropriate and that service unrelated to harm caused by the offense is not consistent with the Guideline.
b. Lost Reputation or Stigma
One of most powerful sanction that society can impose on a corporation is lost reputation or stigma. Corporations reputational loss refers to the reluctance of others, such as customers and workers, to deal with the corporation in the
Probation is normal for first time offenders, or for fraud that resulted no loss for the victim. Probation may also be ordered after the perpetrator is discharged from prison or jail;
Lorraine Stutzman Amstutz states how schools that claim they are following restorative approaches through their policies in discipline are not necessarily restorative, but have enough flexibility to allow a restorative response.
Initially, when I listened to Sekou Sundiata’s Longstoryshort album, it did not have any significant effect on me, which is probably due to the type of music that I align myself with. I did enjoy the song “Reparations”, which talked about society giving reparations for slavery. It was in this song that I noticed that it aligned itself more with protest poetry sort of how the Black Lives Matter Movement use protest to spark a conversation on issues that plague black people. Sekou Sundiata’s song “Reparations” focus on whites owing reparations and the Black Lives Matter Movement focus on blacks being owed accountability for the wrongs committed by white terrorists. One of the concepts that Sekou Sundiata mentions is the government-initiated concept
Reparations For 246 consecutive years, blacks have been kidnapped, whipped to death, mutilated, and raped. From 1619 to 1865, these generations of slave families were living as property rather than human beings. History would agree that the crimes done against these set of selected people do not compare to those of other races. Many people don’t know that there were sex slave farms that practiced a process known as “buck breaking”.
“Restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future” (Munchie, 2004).
Imagine you’re young, and alone. If your family was taken from you and suffered horribly for your freedom, would you want to be repaid in some form? In the article “The Case for Reparations” Ta-Nehisi Coates discusses a great deal of information about reparations, and if they should be given. Reparations are when a person or people make amends for the wrong they have done. Ta-Nehisi believes that from two hundred years of slavery, ninety years of Jim Crow laws, sixty years of separate but equal, and thirty five years of racist housing policy, that America is shackled. Only if we face the compounding moral debt can America be free. Until we face the reality of what happened together, we will always be bound by the lies that have been told.
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
In this paper I will argue that America should pay reparations to black communities that have suffered most from institutionalized racism. My view is not that reparations should be paid via checks mailed by the federal government, of an undeterminable sum, to families that are most eligible, but rather, through changes in policy. These policies would tackle racial inequality at it most obvious sources, the wage gap, the mistreatment of black Americans by our criminal justice system, quality of education, and the disparity in housing between black and white Americans.
Punishments are an effective method for not only parents and children, but those who do wrong in the eyes of the law. This summary and analysis of the arguments supporters of restorative justice use to convince society of restorative justice’s advantages over incarceration and other punishments, describing which approach is the better model for a system of corrections. In fact, restorative justice system response to wrongdoing emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime (Schmalleger & Smykla, 2014, p.62). The main goal here is to establish a form of boundaries when it comes to the level and extent of punishment.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
When Mary Catherine Parris was told that I would be talking to her about restorative justice, her response was, “Is that a real thing?” (personal communication, September 23, 2015). Through this assignment I realized that restorative justice is not talked about within the criminal justice system. For both of the individuals I spoke with, the idea of restorative justice seemed like a joke. In trying to persuade them both that restorative justice is a real thing, I was met with very similar beliefs and comments from both individuals. They both believed that restorative justice would not work and believed that some aspects of the approach were completely useless (M. C. Parris, & R. Clemones, personal communication, September 23, 2015). The responses
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
takes account of the victims and the community effected by the offence. Restorative justice measures
justice means “ one should pay what is owed”. Not returning or refusing to return the