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Criminal

Jun. 21, 2011

Paying for the Costs of Crime: Criminal Defendants, Insurance and Restitution

Should courts credit criminal defendants for payments made to victims by insurers? By Antonio R. Sarabia II


By Antonio R. Sarabia II


A criminal defendant may have to contend with both criminal prosecution and a civil lawsuit by the victim. This is common in driving under the influence cases. If there is a conviction, the victim may seek restitution in the criminal case, even after receiving a civil settlement or judgment. As a result, courts, victims and defendants will face the problem of whether and how to credit the defendant for payment to the victim/plaintiff by a...

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