Criminal Defense Lawyers

New Jersey Section 2C:11-3c – Restitution.

New Jersey Section 2C:11-3c – Restitution

New Jersey statute 2C:11-3c deals with restitution in cases involving criminal homicide. This law allows courts to order restitution to the victim’s estate in cases where a defendant is convicted of murder, manslaughter, death by auto, or strict liability for drug-induced deaths. The purpose of this law is to provide financial compensation to victims’ families to cover costs like funeral expenses, counseling, and lost future income. Let’s take a closer look at what this law entails.

Restitution can be a really important part of the legal process after a homicide. It helps families recoup some of the costs they incurred because of the crime. Funerals, for example, are super expensive these days. Like, we’re talking thousands and thousands of dollars. That’s a huge burden on top of the grief of losing a loved one. With restitution, at least families can get some money to help cover those crazy funeral costs. It’s not gonna bring their loved one back, but it can ease the financial stress a bit.

Here’s how it works. If a defendant is convicted of murder, manslaughter, death by auto, or strict liability for a drug-induced death in New Jersey, the court can order them to pay restitution to the victim’s estate. The restitution can cover medical expenses, funeral expenses, counseling expenses for the victim’s family, and lost future income. Basically, anything reasonable that resulted financially from the homicide. The court will consider the defendant’s ability to pay in determining the amount.

To get restitution, the prosecutor has to request it and present evidence of the financial losses. They’ll bring receipts for stuff like the funeral, counseling bills, and expert testimony about lost future wages. The defense can object if they think the amounts are unreasonable. Ultimately the judge decides the final restitution amount.

There’s no cap on how much can be ordered for restitution under 2C:11-3c. The main limit is that it has to be reasonable and directly related to the homicide. Big awards often happen when the victim was young and had great future earning potential. For example, in State v. Burford, the court awarded $1.3 million in restitution for the death of a 7-year-old child.

While restitution can’t bring back a lost loved one, it at least provides some accountability and financial assistance. It forces the defendant to concretely face the damage they caused. And it helps victims’ families by covering costs that can be a huge burden after a tragic loss. Restitution also goes into the victim’s estate, so it can benefit family members who relied on the victim’s income and support.

Restitution vs. Civil Damages

Restitution under 2C:11-3c is different from civil damages. Restitution is ordered as part of the criminal sentence. Civil damages are awarded through a separate civil lawsuit against the defendant.

There are a few key differences:

• Restitution only covers financial losses related to the crime. Civil damages can also include pain and suffering.
• The prosecution has to prove losses for restitution. Civil damages require the lower civil standard of proof.
• Restitution limits how much defendants have to pay based on ability. Civil damages are not limited in the same way.
• Not paying restitution can violate probation or parole. Failing to pay civil damages leads to wage garnishment or liens.

Many families will pursue both restitution and civil damages to maximize compensation. But they are awarded through separate legal processes. Restitution depends on conviction, while civil cases require only proving liability by a preponderance of evidence.

Restitution in Manslaughter Cases

Manslaughter charges are common in DUI fatality cases. New Jersey has two types of manslaughter: reckless and aggravated. Reckless manslaughter involves recklessly causing a death under circumstances showing extreme indifference to human life. Aggravated manslaughter is recklessly causing death under circumstances manifesting extreme indifference to the value of human life. Both allow courts to order restitution under 2C:11-3c.

For example, if someone drives drunk and causes a fatal crash, they may face reckless manslaughter charges. If convicted, the court could make them pay restitution to the victim’s estate for medical and funeral bills, lost income, etc. DUI crashes often lead to huge restitution orders because victims are frequently young and healthy with substantial earning potential.

Restitution provides accountability beyond jail time for DUI fatalities. It forces defendants to directly confront the financial devastation caused to victims’ families. While it can’t make up for the loss of life, restitution provides tangible assistance to those left behind. It’s an important tool for justice in manslaughter cases.

Strict Liability for Drug-Induced Deaths

In cases involving fatal drug overdoses, New Jersey law provides for strict liability. This means the person who provided the drugs can be liable for a homicide, even if they didn’t intend the death. If the drugs were a proximate cause of death, they can be charged with drug-induced death under 2C:35-9.

This statute allows courts to order offenders to pay restitution to the victim’s family for costs related to the death. So if someone dies of a heroin overdose, the dealer can get prison time plus have to pay restitution for funeral expenses, lost income, etc. It’s a way to acknowledge the devastating financial impact on the victim’s loved ones.

Defense lawyers will often argue the amount of drugs provided was not enough to cause death. Or they’ll claim the victim misused the drugs in an unforeseeable way. But the proximate cause standard still allows for liability if the provided drugs were a substantial factor in the death.

Strict liability for drug deaths remains controversial, with some arguing it’s unfair to hold dealers as liable as violent killers. But in terms of restitution, it provides another avenue for families to receive financial assistance after losing a loved one.

Practical Limits of Restitution

While restitution seems ideal in theory, there are practical challenges. The reality is many defendants lack the assets or income to pay large restitution orders. What good is a $1 million restitution order if the defendant is broke and in prison for life? It can create false hopes for financial compensation.

That’s why courts must consider practical ability to pay when setting restitution amounts. Defense lawyers argue for lower amounts based on clients’ financial means. And realistically, most felons are not high earners. So restitution often goes partially or wholly unpaid.

Another issue is delay. Criminal cases can drag on for years before conviction and sentencing. Families may have already paid for counseling, funerals, etc. before receiving any restitution. The financial strain happens immediately, while restitution takes time.

Despite its limitations, restitution remains an important part of the criminal justice process after a homicide. More states should adopt laws like New Jersey’s 2C:11-3c. While symbolic, restitution helps families and forces defendants to directly confront the financial damage they’ve caused, even if they never pay it all.

Conclusion

New Jersey’s restitution law allows courts to order compensation to victims’ families in homicide cases. This helps cover expenses related to medical treatment, funerals, counseling, and lost future income. While restitution has practical limits, it promotes justice and accountability. Families deserve financial assistance to help address the devastating costs that homicides often inflict. Restitution also makes defendants directly face the economic consequences of their crimes. Overall, 2C:11-3c provides an important legal mechanism to aid families and punish wrongdoers in the aftermath of a homicide.

References

State v. Burford

N.J. Stat. § 2C:11-3

N.J. Stat. § 2C:35-9