Limitations On Restitution
Some judicial systems only recognize monetary restitution agreements. For instance, if victim and offender agree that the offender would pay $100 and mow the victim's lawn five times, the court would only recognize the $100 as restitution. Some agreements specify a larger monetary amount (e.g. $200) to be paid if the non-monetary restitution is not completed.
Many jurisdictions cap the amount which a juvenile offender can be required to pay. Labor regulations typically limit the personal service tasks that can be performed by minors. In addition, personal service usually must be approved by the juvenile's parents.
According to the Victim Offender Mediation Association, victims are not allowed to profit from restitution (the equivalent of punitive damages; only out-of-pocket losses (actual damages) can be recovered. Courts can disallow unreasonable compensation arrangements.
Poor facilitator training is a common cause of poorly designed agreements.
Read more about this topic: Restorative Justice
Famous quotes containing the words limitations on, limitations and/or restitution:
“... art transcends its limitations only by staying within them.”
—Flannery O’Connor (1925–1964)
“Much of what contrives to create critical moments in parenting stems from a fundamental misunderstanding as to what the child is capable of at any given age. If a parent misjudges a child’s limitations as well as his own abilities, the potential exists for unreasonable expectations, frustration, disappointment and an unrealistic belief that what the child really needs is to be punished.”
—Lawrence Balter (20th century)
“When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.”
—Bible: Hebrew, Exodus 22:14,15.