(DOWNLOAD) "State V. Murray" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Murray
- Author : Hawaii Supreme Court
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendant-Appellant Joseph A. K. Murray appeals from a sentence and an order denying a motion to correct the sentence entered by the Circuit Court of the Third Circuit. Novel questions related to the status and function of "restitution" within our system of criminal justice are posed for decision. They are: (1) whether a sentencing court may compel a defendant to repay medical expenses incurred by the State of Hawaii on behalf of a direct victim of a crime; (2) whether a restitution or reparation order exacting satisfaction of the obligation from wages for work performed in a correctional program is void; and (3) whether the order is also void because it imposes a burden beyond defendant's means and ability to comply. Inasmuch as defendant is a long-term prisoner bereft of means and his only possible source of income would be wages from correctional labor, we conclude the portion of the sentence exacting repayment is void because it contravenes legislative policy.