Why should a convicted criminal make restitution to the victim?
A victim of a crime should be recompensed by any illegal act against them.
Not necessarily. It's not uncommon for criminal charges to be dismissed on the condition the accused pays restitution to the victim.
No one is a criminal until convicted in a court of law. Until someone is convicted, you have a victim and a defendant. At that point the victim is free to come and go. The defendant must put up bail or wait in jail. The criminal justice system is far more involved with the defendant than with the victim. The criminal justice system will provide the defendant with a lawyer. The victim does not need… Read More
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.
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… Read More
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.
If a statutory rapist wasnt convicted and the victim wants to prosecute 8 years later is this possible?
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.
In California, if you are convicted of kidnapping, you may face the following penalties: 3-8 years in State Prison if the victim is over 14 11 years in State Prison if victim is under 14 Heavy fines Victim restitution Mandatory counseling Long-term probation Lifetime driver's license revocation Possible lifetime registration as a sex offender
I am the victim and i am seeking no restitution and there is video and photo evidence of the theft does victim of theft have to be in court?
yes to say that your you and that the other person is not you
If you are caught stealing, you will probably face criminal charges for the offense. As part of that criminal charge, you may be ordered to pay restitution, or the value of the property back to the owner, as part of your sentence. If the state does not order restitution, the victim may choose to file a civil suit against you, seeking repayment for the stolen property. Many large stores have begun making it standard policy… Read More
Restitution is paid generally through the Defendant's probation officer if he has one or the Clerk's Office of the sentencing court. If the Defendant does pay the victim directly he should get a receipt or note stating how much was paid and how much is the balance due.
This should depend on the severity of the bullying and the techniques they use for bullying. Obviously, if weapons, computer hacking, or other criminal activity are involved, not only should there be expulsion, but criminal charges as well. But if it is just insults, then they should get detention or something, and maybe some sort of intervention. Mild assaults should probably get suspension and/or corporal punishment. If there is property damage, there should be restitution… Read More
It's "Criminal" vs. "Civil" justice, that's why. Not criminal/victim :-)
Yes, it is certainly possible. Typically it won't occur though. Unless there is criminal activity involved, such as fraud, courts don't sentence people to jail on a civil debt. For example a criminal offender is granted probation and is ordered by the Court to pay restitution to the victim. The offender stops reporting to his probation officer and does not pay the restitution as ordered so a warrant gets issued. The warrant will not go… Read More
It IS possible. If the only witness was the victim, and the victim can identify you, you certainly could be convicted on the strength of their statement alone.
Can you bring a civil case against a person who has been convicted for burglary for breaking into your house?
Yes. You must show you have suffered damages. The downside is it unlikely a person who commits a criminal act has the financial resources to reimburse the plaintiff/victim. 45 US states have laws in place to allow a crime victim to initiate a lawsuit for damages, although the majority of these laws pertain to physical and/or emotional harm. Most people are covered by insurance when a crime relates to the taking of items from a… Read More
"Evidence" includes the testimony of witnesses. So, yes, you can be convicted based upon the credible testimony of the victim to a crime.
Being robbed makes you a victim, not a criminal. It should have no bearing on citizenship.
Lawsuits are civil matters meant to provide restitution to the "victim," not punishment of the offender (which is the domain of criminal law). If you are sued but comply with the rules and rulings of the court, the worst that will happen will be a judgment entered against you requiring you to make some kind of financial repayment to the plaintiff.
Who to go to when police are being arrogant and act like you are the criminal when in fact you are the victim?
The media. Your local newspaper should do just fine.
Yes; it is called restitution. If the sentencing judge orders that restitution be paid to the victim, that becomes all or part of the sentence. If the offender does not pay, he or she may be held in contempt and subsequently confined.
In criminal cases, the victim is called a "prosecuting witness."
dusting for fingerprints, forensics, evidence of a struggle, how has the body (if any) been killed, what has been taken, who is the victim of the crime, does the victim have a criminal record, does the victim have any links to the criminal/suspect.
Whether or not a person who is convicted of a crime is incarcerated in a state or federal facility, a secured rehabilitation center or an optional facility ("halfway house, work release program, house arrest, etc.) depends upon the recommendation of the prosecutor and the decision of the presiding judge. Such decisions are based upon the severity of the criminal offense and the convicted individual's past criminal history (if any), and the likelihood that the person… Read More
pay the damages!!! You would pay upfront. If they are garnishing your pay, then it is likely that the court does not see that you can--or will--pay in another manner.
Top-down criminal profiling is the AMERICAN form of profiling where the focus is on 'who' committed the crime; this is where profilers look at other cases were the criminal has been caught they look at the convicted criminals behavior, the types of crime the known behavior and the victims and what happened to them and apply it to the crime that they are now investigating as they will look at many similar crimes and find… Read More
Are you the victim or the defendant?
the victim or criminal
Technically, no. A criminal charge is brought by the state, not an individual. A prosecutor may drop criminal charges at the request of the victim, but is not obligated to do so. A reluctant victim may still be required to testify, even if they don't want to.
Perpetrator, suspect, criminal, or culprit.
Yes, as a victim
Definition: Crime victims seek civil justice by filing lawsuits against criminal perpetrators or other responsible parties in order to be compensated for the damages incurred as a result of the criminal act. Overview More than 37 million Americans are victimized by crime each year.(1) The consequences of crime frequently extend far beyond the criminal act. All too often victims are left with expenses for medical procedures, physical rehabilitation, counseling and lost wages. It is estimated… Read More
# i am the target and victim of criminal extortion and blackmail attempts.how do i respond? there is a police collusion with the criminal perpetrators. how do i handle it.
Society in General
This is known as restitution. It's a payment made to a victim generally in the amount of the stolen item. This amount will be determined by the courts during sentencing.
The victim can report the shoplifter to the police, and if there's enough evidence, the district attorney can bring criminal charges against the shoplifter. If the shoplifter is convicted, he or she will be punished in accordance with the law of the relevant jurisdiction - usually with a significant fine, and maybe a short time (1-2 months) in jail. In addition, the victim could bring a civil claims for one or all of the following… Read More
Restorative Justice is really a theory on addressing offenders in the criminal justice system. It really focuses on repairing (hence restorative) the harm caused to the victim. This could be through community service or even mediation between the victim and the offender. While in the typical criminal justice models it is very offender focused, restorative justice has a larger focus on the victim and repairing the harm caused to the victim/ community instead of just… Read More
yes of course, hearsay is something to do with the victim one way or another.
You mention, lack of evidence, and lack of witnesses. BUT - you don't mention the lack of a victim/complainant. You CAN be convicted on the testimony of victim alone.
yes, this has happened many times in many cases
Disagree. I have lived for quite a number of decades and I have rarely had a temptation to be a criminal and I rarely feel that I'm a victim; I have very often been tempted to be kind and care for my fellow humans.
It's not really possibly to easily answer this question, given that there are so many different jurisdictions and each has it's own laws and system. The civil system tends to primarily offer victims monetary rewards, or things like restraining orders. The criminal system can obviously punish a defendant with prison, although the criminal system is not technically a victim v. defendant mechanism. It's a "state" or "people" v. the defendant, with the victim having some… Read More
Yes. A theft is always criminal but may not be prosecuted. A person who steals may also be sued in a civil court by the victim.
No, we as citizens do not bring criminal charges on someone, so we can not drop the charges. But it can be very difficult to get a conviction on someone when the "victim" does not testify.
Yes, POSSIBLY ... it is entirely possible that the judge may order the perpetrator to pay restitution to the victim, BUT IT IS NOT REQUIRED by law.
If paying fines or making restitution to the victim was part of your sentence and you failed to do so for whatever reason, the judge can jail you if he so chooses.
If you see a vampire victim, you should get help as soon as possible. The victim will have to go to the hospital to have their blood replaced.
Whether a prank or not stalking letters are taken seriously and the person who wrote it signed their own criminal note. The victim of the prank can and should take the letter to the police (they will take it very seriously) and criminal charges can be laid. Pranks re stalking is foolish and immature. It is not a joke!
criminal, attacker, predator, instigator you can always check antonyms on an online dictionary
cardinal point of criminal investigation it is when a point turn to a head of a victim