106 Iowa L. Rev. 455 (2020)

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Abstract

This Note argues that stale legislatures should create statutory frameworks that permit judges to consider a defendant'ss ability to pay when determining the total amount of criminal restitution that should be ordered. Considering ability to pay before ordering restitution still accomplishes the goals of restitution while potentially increasing collection rates and managing victims' expectations. Further, this Note argues that judges should, be able to consider a defendant's financial resources and. ability to pay at subsequent, proceedings in order to modify the defendant's restitution plan, or, alternatively, impose fair consequences based on the reason for their default on payment.