With an overburdened and expensive criminal justice system, most jurisdictions would be happy to find an alternative that would provide restitution or resolution for crime victims as well as offenders. Civil compromise is such a solution, although it is often sparingly used. As an aspect of restorative justice, civil compromise allows some offenders to avoid a criminal record and resolve their guilt by apologizing and returning property to the victim. It also allows the victim to have a part in the rehabilitation of the offender and, often, realize some restitution for their loss.
Crimes and Charges
While civil compromise for a criminal offense can often produce beneficial results, it does not work in all types of cases. The primary offenses in which civil compromise has been most effective include:
- Theft
- Retail theft (although not commonly for larger retail chain stores)
- Minor vandalism
- Hit and run
- Embezzlement
- In addition, civil compromise is often attempted only in misdemeanor, not felony, cases.
How It Works
Civil compromise works best when a mediator can be found who will work with a victim and offender to facilitate a process of restitution and rehabilitation that meets both of their needs. In most cases, a lawyer must be involved to monitor the legality of any steps taken. However, a defense attorney can rarely directly approach a victim or their lawyer with this suggestion. The request generally must be instigated by the defense attorney to the prosecutor or the district attorney.
Once this solution has been suggested, there are several circumstances that must exist before it can be attempted:
- The offender must generally admit their guilt
- There must be an identified or identifiable victim with whom to mediate
- There must be some degree of loss by the victim, either financial or material (including damage) for which restitution or restoration could be performed
- There must be a victim who is willing to assist in the rehabilitative process
Once these requirements are met, the parties negotiate with a mediator to come to a reasonable plan for restitution or restoration. These can range from merely paying back the money stolen to do civil service projects in the area, to working for the victim to repair damage. If such a plan can be agreed upon, when the plan is complete, the offender generally has the criminal offense removed from their record, the victim has their loss restored, and both have had the chance to apologize and forgive the other.
Statistics show that when this process is done well, over 90% of offenders complete the program within a year, and recidivism, or repeat crime, only occurs in 10% of participants as opposed to 50-85% with typical criminal penalties.
Often, prosecutors, district attorneys, and judges are unfamiliar with this type of program and either will not suggest it or will not approve it. An attorney who is well versed in civil compromise can save the penal system and the courts a great deal of money by suggesting and facilitating this compromise. In addition, best of all, they can help keep one mistake from ruining the life of an otherwise law-abiding citizen.
