Cases | State v. Jarvis, 509 A.2d 1005 | 2018
The defendant pled guilty to kidnapping and was ordered to pay restitution as a condition of probation for pain and suffering. On appeal, the defendant claimed that pain and suffering are not proper matters for restitution under Vt. Stat. Ann. tit. 13, § 7043 and Vt. Stat. Ann. tit. 28, § 252(b)(6). The court held that the statutes did not permit awards for pain and suffering. Section 252(b)(6), which generally allows restitution as a condition of probation, is limited by § 7043, which specifically explains when restitution must be considered and what restitution may include. Only liquidated amounts that are easily ascertained and measured are recoverable under the legislative scheme. Damages that are not readily ascertainable, such as pain and suffering, emotional trauma, loss of earning capacity, and wrongful death awards, are not proper subjects of restitution. Evaluation of uncertain, unliquidated losses is best left to the civil trial judge and to the collective wisdom of civil juries. The legislature did not intend to make criminal sentencing procedures unduly complex, and victims retain the right to bring an independent civil action.