What is the difference between compensation and restitution?
• Compensation refers to the act of compensating a person for the work or service performed. • Restitution refers to the act of restoring a person to his/her former position and/or returning something to its rightful owner. • Restitution is a remedy in law wherein a court orders a defendant to surrender his/her gains or profits to the plaintiff.
What is the difference between compensation and remediation?
A remediation approach would mean that the person would engage in tasks to improve concentration. Compensation involves adapting around a skill deficit to still find a way that the task can be accomplished. It usually involves making changes to the way the task is done or to the environment it is done in.
Is drug rehab the same as drug treatment and alcohol treatment?
Drug Rehab and Alcohol Rehab is not the same as Drug Treatment and Alcohol Treatment. Early in my career, I met a substance abuse counselor that told me how they would help people in his rehab center. He said that the staff would wear robes and hoods and show up in the middle of a therapy group, and startle the clients. I was very curious.
What is the difference between Individual deterrence and rehabilitation?
Deterrence, on the individual level, may have a similar effect to rehabilitation (criminals stop committing crimes), but the motive is different. Rehabilitation means an individual no longer wants to commit the crime(s) in question. In contrast, individual deterrence means a criminal is simply afraid to commit the crime(s) again.
Does Restitution Properly Compensate Victims?
Restitution can only be ordered by a judge after a defendant is convicted of a crime, whereas compensation is awarded by a jury when a defendant is determined to have acted negligently caused harm to someone. The source of the negligence can either be a criminal law that was violated, or a duty laid out in a statute or the common law.
When Pursuing Compensation Is a Better Way
As mentioned before, civil cases offer victims the chance to obtain compensation, not restitution. The difference between the two is stark.
How Restitution and Compensation Affect Victims
I don't want to give the impression that restitution versus compensation is an either or proposition.
What is restitution in criminal law?
In a criminal case, restitution consists of monetary amounts that are paid by the defendant to the victim, in order to compensate them for losses associated with the crime. Restitution is ordered by the judge and is generally considered part of the sentence. Criminal restitution must be calculated with certainty and can cover costs such as:
What is criminal restitution?
Criminal restitution must be calculated with certainty and can cover costs such as: Medical bills, hospital costs, and other expenses. Property damage. Returning of property stolen, or an equivalent dollar amount. Restitution is often paid out in small amounts by the defendant in monthly installments.
Why do victims prefer crime victim compensation?
As a result, some victims tend to favor crime victim compensation as a quicker way to make up for losses related to the case. In any event, major decisions such as these are best approached under the guidance and direction of a criminal lawyer.
What does crime victim compensation cover?
Crime victim compensation may cover costs such as: Various medical expenses. Counseling, therapy, or rehabilitation expenses for the victim. In some cases, lost wages due to injury or due to court appearances. Expenses associated with funeral and burial services.
Why is restitution important?
Restitution can be vitally important to victims because they may lack the resources to make up for these losses on their own. In addition, collection of restitution can provide the victim with assurance that the person who committed the crime is being held accountable for his or her actions.
What are the benefits of compensation?
Does not require an arrest or prosecution. Guaranteed to pay full amount awarded based on payment guidelines to eligible people. Provides payments after eligibility is confirmed and award amount determined.
What happens when a victim has already received compensation?
When a victim has already received compensation from the state for some losses, a court may order the person convicted of the crime to reimburse the state compensation program and may also order the person to pay the victim for losses that weren’t covered by compensation. Expenses covered by compensation programs typically include medical care, ...
What is the purpose of crime victim compensation?
Every state operates a crime victim compensation program to help victims pay for some of their expenses that result from a crime. Eligibility requirements vary, but at a minimum, a victim must report the crime, cooperate with the investigation and prosecution, and apply for compensation within a certain time period.
What does a judge take into account when determining how much restitution to order?
In addition to considering the losses suffered by the victim, a judge may take into account the offender’s current and future ability to pay when determining how much restitution to order.
When do courts order restitution?
Courts order restitution as part of a person’s sentence when the victim can demonstrate that he or she sustained pecuniary losses (such as medical expenses, lost wages, or stolen or damaged property) as a result of the crime.
Can victims get compensation even if they are not arrested?
Unlike restitution, victim compensation can occur even if there is no arrest or prosecution. These programs vary by state, district, and territory, and are the payer of last resort – that is, they pay for certain expenses not covered by insurance or public benefit programs.
What is rehab in addiction?
This is not unusual in the world of “rehabs.” “Rehabs” were places created by addicts and alcoholics, to help other addicts and alcoholics, using whatever methods seemed likely to help them stop drinking and using drugs. This same philosophy is practiced today in the majority of “rehab centers.”. Treatment involves the use of proven methods ...
What is rehab center?
Many “rehab” centers refer to themselves as “drug and alcohol abuse centers,” and “drug and alcohol addiction treatment centers.”. Or, any other term that will help them get licensed as providers of treatment. Once they are licensed, they can bill insurance companies for providing treatment.
What is the treatment practitioner bound to do?
The treatment practitioner is bound to do what has been proven to work. Has to be guided by their education. Have to be limited by their professional training. They can’t go by what he or she “thinks” would work. The problem is that in the field of drug treatment and alcohol treatment, the terms have blurred.
Is a drug and alcohol rehab center free?
A drug and alcohol and addiction treatment center is actually a drug and alcohol recovery Clinic. It’s not a free for all. The methods used have to have been validated to work. The concept of “I thought it could help” is not acceptable in a real treatment center.
Is a rehab a real treatment center?
If they can’t explain what they do, and the reasons that they do it, and how those reasons have been proven to work, they are not a real treatment center. They are a “rehab,” and “rehabs” have been proven to fail. Now you know the difference between “Rehab” and “Treatment.”.
Is rehab the same as treatment?
Rehab is not Treatment. Drug Rehab and Alcohol Rehab is not the same as Drug Treatment and Alcohol Treatment.
What is a treatment center?
A treatment center focuses on helping participants recover from drug or alcohol addiction through the use of proven therapy methods. The methods used by facilitators have been vetted and proven over the years with official validation through the government or reputable agencies. For example, look for state or national government agencies that oversee and certify addiction service providers.
What is rehab in Los Angeles?
A rehab Los Angeles agency may focus on less intense services, such as counseling, individual therapy, or support groups. During the rehabilitation phase of your treatment, you can live at home, attend school, and continue to work.
Is rehab a monitored program?
Rehabilitation Isn’t as Monitored. Rehab centers, on the other hand, aren’t bound by the same strict requirements. For example, a rehab owner could offer spa services and swimming lessons while still labeling the business as a drug and alcohol rehab center.
Is addiction the same as rehab?
Treatment for addiction is not the same as rehab. If you’re looking for one or both of these services, it’s important that you understand the differences and when you need one or the other. Use the following information to make an informed decision about your recovery.
Is rehab the same as treatment?
As noted earlier, rehab services are not the same as treatment. Instead, it’s a service that supports the treatment program you’ve chosen for your recovery efforts.