People v. Birkett

Opinion

BAXTER, J.

Proposition 8 states the People of California’s “unequivocal intention” that “all persons who suffer losses as a result of criminal activity shall have the right to restitution” from the convicted criminals. (Cal. Const., art. I, § 28, subd. (b) (article I, section 28(b)), italics added.) This measure requires restitution, absent compelling and extraordinary contrary reasons, whenever “a crime victim suffers a loss” {ibid., italics added), and it calls for implementing legislation {ibid.). The Legislature has enacted, and frequently amended, a bewildering array of responsive…