Beyond Ability to Pay: Perceived Fair Treatment and Offender Compliance with Restitution Orders

• In Event: Challenges Facing Those Reentering Communities

Abstract

Restitution to victims is rarely paid in full. This study, a survey of probationers who owed restitution, investigated the links between ability to pay, beliefs about restitution and the criminal justice system, and restitution payment. Payment was considered in terms of both the amount of restitution paid and the number of monthly payments. Results indicate that past payment behavior, intention to pay, income, and perceived fair treatment by probation staff were significantly associated with greater payment. Shame, guilt, and self-blame were significantly associated with less payment. Additionally, respondents indicated that they would pay more restitution if certain alternative payment structures, intended to ease the process, were implemented. Because restitution has potentially rehabilitative aspects if offenders pay more of the court-ordered amount and if they make regular monthly payments, there are policy implications regarding the fairness of the probation staff and the ease by which offenders can make payments.

Authors

• Andrew Gladfelter, William Paterson University

• Brendan Lantz, Pennsylvania State University

• R. Barry Ruback, Pennsylvania State University