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National Crime Victim Law Institute

Amicus Brief in Oregon Restitution Case

February 16, 2011

NCVLI recently filed an amicus brief in the Oregon Court of Appeals in support of the victim’s right to restitution. Defendant pleaded guilty to second-degree manslaughter, and the trial court ordered defendant to pay restitution to the victim (the mother of the passenger killed in the crash) for the purchase of memorial items and various expenses associated with the victim’s travel to and attendance at Parents of Murdered Children meetings and court proceedings. The defendant appealed the order.

In its brief, NCVLI cited cases from across the country that upheld restitution orders for similar travel-related expenses, as well as cases where courts upheld restitution orders for far less routine expenses than were present in this case. NCVLI urged the appellate court to hold the defendant responsible for the consequences of her criminal activity and affirm the restitution order.  As NCVLI argued, to do otherwise would improperly and unfairly place the financial burden on the victim to pay for the harm caused by defendant’s conduct.