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People V. Birkett

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eBook details

  • Title: People V. Birkett
  • Author : California Supreme Court
  • Release Date : January 05, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

Proposition 8 states the People of California's "unequivocal intention" that "all persons who suffer losses as a result of criminal activity shall have the right to restitution" from the convicted criminals. (Cal. Const., art. I, § 28, subd. (b) (article I, section 28(b)), italics added.) This measure requires restitution, absent compelling and extraordinary contrary reasons, whenever "a crime victim suffers a loss" (ibid., italics added), and it calls for implementing legislation (ibid.). The Legislature has enacted, and frequently amended, a bewildering array of responsive statutes. The narrow questions here arise under the statutory scheme as in effect in November 1994. *fn1 The issues are (1) whether the 1994 laws governing mandatory restitution as a condition of adult probation gave insurers a right to restitution insofar as they had reimbursed their insureds for crime-related losses, and (2) if not, whether trial courts nonetheless had discretion to allocate mandatory probationary restitution awards between insurers and insureds to reflect such reimbursements.


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