Page Hero

Hero Image

Reconsidering Joint and Several Restitution

Does a common feature of restitution orders – joint and several liability – violate the Excessive Fines Clause? There is “no general federal right to contribution” between co-defendants under restitution orders. This seemingly creates an Eighth Amendment problem in that a defendant can be held jointly liable for a co-defendant’s restitution yet has no right to collect contribution from the co-defendant.

Exclusive Content

Access to the page you selected is exclusive.

If you are a member or have acccess, Login

Members of NACDL receive access to exclusive content on the website along with many other benefits.