Law Commons^™

Duress In The Canadian And English Law Of Restitution:, G Hl Fridman

Dalhousie Law Journal

The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …

International Law And The Environment, Daniel Barstow Magraw

Proceedings of the Sino-American Conference on Environmental Law (August 16)

18 pages.

Contains 3 pages of references.

Court-Ordered Criminal Restitution In Washington, Scott Peterson

Washington Law Review

This survey is an overview of court-ordered restitution in Washington. It reconciles the case law interpreting the restitution statutes currently in effect in Washington. It compares and contrasts the statutes. Finally, it is an effort to identify areas of the law that need additional judicial or legislative clarification.

The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank

Faculty Articles and Other Publications

During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …