Monday, February 25, 2013

Plain Error to award "restitution" to drug task force (2 25 2013)

Ohio Revised Code Section 2929.18 addresses to whom restitution may be awarded. It states restitution may be awarded to "the victim of the offender’s crime or any survivor of the victim, in an amount based on the victim’s economic loss." The government is not a victim when it loses the money it puts up for a controlled drug buy to a citizen targeted for criminal prosecution, and so a judge cannot award the government the controlled drug buy money as restitution. State v. Moorer, 2013-Ohio-650.

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