{"id":6911,"date":"2017-11-06T06:54:01","date_gmt":"2017-11-06T06:54:01","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6911"},"modified":"2018-02-14T20:51:30","modified_gmt":"2018-02-14T20:51:30","slug":"6911-2","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6911","title":{"rendered":"Restitution – in cases of unjust enrichment (i.e. fraud, theft), compensation paid by a criminal to a victim, ordered as part of a sentence or as a condition of probation"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from<\/span> Criminal Law Self-Help Walkthrough<\/a> >>>><\/span> Classifications of Laws, Crimes, and Punishments<\/a> >>>><\/span> Types of Punishments<\/a>:<\/span><\/span>
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restitution<\/span>:<\/span>
\n<\/strong><\/span>n<\/em>. (13c)<\/span><\/p>\n

1. A body of<\/span> substantive law<\/a> in which<\/span> liability<\/a> is based not on<\/span> tort<\/a> or <\/span>contract<\/a> but on\u00a0the defendant’s unjust enrichment.\u00a0 <\/span><\/strong><\/span><\/p>\n

2. The set of<\/span> remedies<\/a> associated with that body of law, in\u00a0<\/span><\/strong>which the measure of recover is usually based not on the plaintiff’s loss, but on the defendant’s\u00a0gain. <\/strong><\/span><\/span><\/p>\n

3. Return or restoration of some specific thing to its\u00a0<\/strong>rightful owner or status. <\/strong><\/span><\/p>\n

4.<\/span> Compensation<\/a> for loss; especially, full or partial<\/span> compensation<\/a> paid\u00a0by a criminal to a victim, not awarded in a civil trial for<\/span> tort<\/a>, but ordered as part of a criminal\u00a0<\/span><\/strong>sentence or as a condition of probation.<\/strong> \u2014 aka<\/span> criminal restitution<\/em><\/strong><\/span>. <\/span><\/span><\/p>\n

5.<\/strong> Archaic<\/em>. A<\/strong><\/span>\u00a0judicial writ<\/a> restoring to a successful appellant what had been lost by reason of the lower court’s\u00a0<\/span><\/strong>erroneous judgment. <\/strong><\/span><\/span><\/p>\n

6. A<\/span> judicial order<\/a> for the restoration of stolen goods, or of their value, to\u00a0the owner upon the thief’s conviction.<\/span><\/strong> \u2014<\/span> restitutionary<\/strong><\/span><\/em>, adj<\/em>. [1]<\/span><\/span><\/p>\n

1. The restoration to a person that of which he has been wrongly deprived.\u00a0 Relief against the unjust enrichment of one person at the expense of anotehr.\u00a0 Relief for one who has been compelled to pay money under a judgment since reversed. 5 Am J2d A & E \u00a7\u00a7 997, et seq<\/span>.<\/span><\/strong><\/p>\n

The restoration of property of which one has been deprived under a judgment since reversed. 5 Am J2d A & E \u00a7 1004<\/span>.<\/span><\/strong><\/p>\n

The ordinary form of judgment for the plaintiff in an action for forcible entry and detainer; awarding restitution of the premises to him, with costs. 22 Am J1st Forc E & D \u00a7 48<\/span>.<\/span><\/strong><\/p>\n

In the modern sense of the term, compensation, reimbursement, indemnification or reparation for benefits derived from, or for loss or injury caused to another. Holloway v People’s Water Co<\/em>. 100 Kan 414, 167 P 265, 2 ALR 161<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See restoration rule<\/em>;\u00a0 unjust enrichment<\/em>; writ of restitution<\/em>. [2]<\/span><\/p>\n

1. In both contract and tort, a remedy that restores the status quo.\u00a0 Restitution returns a person who has been wrongfully deprived of something to the position he occupied before the wrong occurred; it requires a defendant who has been unjustly enriched at the expense of the plaintiff to make the plaintiff whole, either, as may be appropriate, by returning property unjustly held, by reimbursing the plaintiff, or by paying compensation or indemnification.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See unjust enrichment<\/em>.\u00a0 See also make whole<\/em>.<\/span><\/p>\n

1. In criminal law<\/a>, a restitution is sometimes make a condition of probation for persons convicted of certain types of crimes.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from George E. Palmer’s\u00a0The Law of Restitution<\/a>:<\/em><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u201cThe term ‘restitution’ appears in early decisions, but\u00a0<\/span><\/strong>general recognition probably began with the publication of the\u00a0Restatement of Restitution [in 1937]<\/em>. The term is not wholly apt\u00a0<\/strong>since it suggests restoration to the successful party of some benefit<\/strong><\/span><\/span> obtained from him. Usually this will be the case where relief is\u00a0<\/strong>given, but by no means always.\u00a0 There are cases in which the\u00a0<\/strong>successful party obtains restitution of something he did not have\u00a0<\/strong>before, for example a benefit received by the defendant from a third\u00a0<\/strong><\/span>person which justly should go to the plaintiff.<\/span>\u201d <\/strong>[4]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from John D. Calamari & Joseph M. Perillo’s The Law of\u00a0<\/a><\/em>Contracts<\/em><\/a>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201c‘Restitution’ is an ambiguous term, sometimes referring to\u00a0<\/span><\/strong>the disgorging of something which has been taken, and at times\u00a0<\/strong>referring to compensation<\/a> for injury<\/a> done.\u00a0 Often, the result under\u00a0<\/strong>either meaning of the term would be the same. If the plaintiff has\u00a0<\/strong>been defrauded into paying $1,000 to the defendant, his loss & the\u00a0<\/strong>defendant’s gain coincide. \u00a0Where they do not coincide, as where the\u00a0<\/strong>plaintiff is out of pocket more than the defendant has gained & the\u00a0<\/strong>defendant’s conduct it tortious, the plaintiff will recover his loss in a\u00a0<\/strong>quasi-contractual or equitable action for restitution. Unjust\u00a0<\/strong>impoverishment as well as unjust enrichment is a ground for\u00a0<\/strong>restitution.\u00a0 If the defendant is guilty of a non-tortious\u00a0<\/strong>misrepresentation, the measure of recovery is not rigid but, as in\u00a0<\/strong>other cases of restitution, such factors as relative fault, the agreed\u00a0<\/strong>upon risks, and the fairness of alternative risk allocations not agreed\u00a0<\/strong>upon and not attributable to the fault of either party need to be\u00a0<\/strong><\/span>weighed.<\/span>\u201d <\/strong>[5]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/b><\/span><\/strong><\/a>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]:\u00a01 George E. Palmer, The Law of Restitution<\/a><\/em> \u00a7 1.1, at 4 (1978)<\/strong><\/span><\/p>\n

[5]:\u00a0John D. Calamari & Joseph M. Perillo’s The Law of\u00a0<\/a><\/em><\/span>Contracts<\/span><\/em><\/a><\/strong><\/p>\n

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