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Criminal Procedure

2013

Criminal Procedure

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A Right To Contribution And Federal Restitution Orders, Jonathan R. Hornok Jan 2013

A Right To Contribution And Federal Restitution Orders, Jonathan R. Hornok

Jonathan R. Hornok

Amy and Vicky are victims of two of the most widely traded series of child sex-abuse images. The Violence Against Women Act requires courts to order full restitution for these women. However, with millions of dollars in requested restitution and thousands of defendants, the United States courts of appeals are split over whether to interpret the mandatory restitution provision broadly (providing a victim with comprehensive recovery from each defendant) or narrowly (frequently allowing only limited, expensive, and time-consuming recovery from many defendants). Partially motivating this circuit split are courts’ opposing views on whether a defendant has a right to contribution ...