State v. May

In a period of otherwise increasing judicial sensitivity to the victims of crime, I believe today’s decision is a setback.

In most cases, a victim’s only realistic chance to recover damages is the restitution process. Hence, as the statutory scheme makes clear, restitution is a favored remedy under the law. The statute mandates that “[rjestitution shall be considered in every case in which a victim of a crime has suffered a material loss or has incurred medical expenses.” 13 V.S.A. § 7043(a) (emphasis added). It further provides that “[w]hen restitution is not ordered, the court shall set…