Crime Doesn't Pay but Neither Can Ex-Offenders: A Comparative Analysis of Criminal Restitution in the United States and Canada

Authors

Justin Gendler, Benjamin N. Cardozo School of Law

Abstract

The note argues that the U.S. criminal restitution system is flawed, prioritizing punishment over rehabilitation, leading to significant hardships for indigent offenders, victims, and society. It proposes reforming the system to focus on disgorgement of ill-gotten gains and consider offenders' financial situations, drawing lessons from Canada's more rehabilitative approach.

Disciplines

Comparative and Foreign Law | International Law | Law | Legal Remedies

Recommended Citation

Justin Gendler, Crime Doesn't Pay but Neither Can Ex-Offenders: A Comparative Analysis of Criminal Restitution in the United States and Canada, 5 Cardozo Int’l & Compar. L. Rev. 849 (2022).
Available at: https://larc.cardozo.yu.edu/ciclr/vol5/iss3/5