There is an often overlooked principle in restitution awards that restitution is intended to make the victim whole, but not to bestow an economic windfall on the victim. This fundamental concept is often overlooked when the victim is the victim of a serious or violent felony and the defendant seems to deserve a significant punishment. Restitution, however, is not the proper way to effect this, as the summary of a recent reported decision describes. To read this summary, click on the following link.
https://www.greghillassociates.com/restitution-award-improper-for-damaged-truck-under-pc-1202-4.html.
Greg Hill & Associates (310) 782-2500 