What is the test for a trial court to order restitution in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Tenney, No. F058582, No. VCF183542 (Cal. App. 2011):
"Trial courts have broad discretion to order victim restitution and such an order will not be reversed if there is a 'factual and rational basis for the amount of restitution.' [Citation.] A court's discretion is not unlimited, however, and an order will be reversed if it is arbitrary and capricious." (People v. Rubics (2006) 136 Cal.App.4th 452, 462.)
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Other Questions
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