Legal Opinion · Dissent

Commonwealth v. Balisteri

Supreme Court of Pennsylvania

Decided May 18, 1984No. 556Published

1DissentCavanaugh, Judge

I respectfully dissent from the majority’s disposition in the instant appeal. Initially, I note my agreement with the philosophy espoused by the majority, that is to provide restitution to a criminal victim for emotional and psychological damage. I feel constrained, however, to conclude that such a result was not within the contemplation of the Legislature.

18 Pa.C.S. § 1106(h) is penal in nature and thereby is not subject to a broad or liberal interpretation. See Common*159wealth v. Clipper, 303 Pa.Super. 385, 449 A.2d 741 (1982); Commonwealth v. Broughton, 257 Pa.Super. 369, 390 A.2d 1282…

2Cases cited3 opinions

  1. Commonwealth v. BroughtonSuperior Court of Pennsylvania · 1978
  2. Commonwealth v. CluckSuperior Court of Pennsylvania · 1977
  3. Commonwealth v. ClipperSupreme Court of Pennsylvania · 1982

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