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National Crime Victim Law Institute

Case Update: Victim’s Right to Restitution Upheld

November 18, 2019

Last summer we told you about our fight to secure full restitution for a victim in Arizona.  We are excited to let you know of a significant victory!  In the case the defendant was convicted and ordered to pay $61,191.99 in restitution to the victim.

On appeal, the superior court reversed, on the ground that the restitution amount exceeded a cap set forth in statute.  The State appealed to the Arizona Court of Appeals and NCVLI participated as amicus curiae.  The appellate court held the statute’s restitution cap unconstitutional.  In reaching its decision, the court observed that the state constitution guarantees a victim’s right to “prompt restitution” from the convicted offender and in the context of Arizona law this means restitution in the full amount of a victim’s economic losses.  The court concluded that the constitutional right to prompt restitution “implicates the full restoration of a victim’s economic loss.”

Thus, the victim in this case is entitled to full restitution!  We were excited to partner with the Arizona Crime Victim Rights Law Group for this case.