Restitution in Nebraska after State v. Holmes: Civil or Criminal
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Authors
Miller, Barbara Mathis
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Recently, courts have attempted to return to governmental agencies the money spent in buying drugs from drug sellers during the course of criminal investigations. The importance of having criminals make restitution to governmental agencies is reflected in the cost of over $73,000 spent by the Nebraska State Patrol in investigative expenses for the year of 1985. Of this amount, approximately $50,000 was "buy money."|In order to assist Nebraska courts in returning "buy money" to state law enforcement agencies, the Nebraska legislature, in 1974, added a sentence to section 28-427 of the Nebraska Revised Statutes. This addition permits these agencies to recover the money expended in purchasing controlled substances from criminal defendants. With this addition, section 28-427 provides: Any penalty imposed for violation of this article shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law .... Should any person be convicted for violation of this article, in addition to any penalty imposed by the court, the court may order that such person make restitution to any law enforcement agency for reasonable expenditures made in the purchase of any controlled substances from such person or his agent as part of the investigation leading to such conviction...
Description
Citation
20 Creighton L. Rev. 701 (1986-1987)
Publisher
Creighton University School of Law