defendant wrongfully obtained in the course of committing the crime.” 
4 When the judge’s sentence includes 
restitution, the amount should be enough money to place the victim in the same position they would have 
been had the crime not been committed. Restitution orders can include the actual cost of destroyed property, 
medical bills, counseling fees, and lost wages. Several state laws require offenders to pay restitution as a 
condition of probation. Judges may order defendants to pay restitution for all damages incurred during a 
criminal episode, even if the charge is dismissed through negotiations. Judges may also order the defendant 
to pay restitution to some party other than the victim. 
Ordering restitution is not always practical.  When offenders are sentenced to incarceration, they 
frequently are unable to pay fines and restitution.  Even offenders sentenced to probation may not be able 
to make restitution payments. In order to assist crime victims when offenders cannot pay restitution, several 
states have established victims’ compensations commissions. Statewide, defendants make their restitution 
payments to these commissions that pay out restitution claims to victims across the state. Because of the 
statewide pot of money, victims can then get some, if not all, of what is needed to “make them whole.” Also, 
these commissions make it possible for the victim to get compensated without having to maintain contact 
with the offender. 
4. Scheb, J.M. & Scheb, J.M. II (2012). Criminal Procedure (6th ed., pp. 268). Belmont, CA: Wadsworth, Cengage Learning. 
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
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