Arizona Court of Appeals ruled that a cap to restitution is unconstitutional. In 2006, the Arizona legislature passed a law that requires those who are convicted of a traffic offense that causes serious physical injury or death to pay restitution, but limited that payment to no more than $10,000. The amount was later increased to $100,000. This case hinged on an award of restitution by the municipal judge for injury in a traffic accident to the victim for $61,192. That award was appealed by the man convicted in the case. Maricopa County Superior Court ruled in favor of a limit to the compensation amount. The case then went before the Appeals Court which ruled that victims are entitled to restitution that will restore them to their economic status before the crime. For more information on restitution for victims, please visit the National Crime Victim Law Institute (NCVLI) Rights: professional resources.
Case Update: State v. Pate.
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