(Download) "People V. Birkett" by California Supreme Court * Book PDF Kindle ePub Free
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.