Is a restitution order for noneconomic damages indistinguishable from a civil jury award for economic damages?

California, United States of America


The following excerpt is from People v. Hernandez, A137500 (Cal. App. 2014):

"Defendant argues that a restitution order for noneconomic damages is indistinguishable from a civil jury award for noneconomic damages. The same can be said, however, for a restitution order for economic damages and a civil jury award for economic damages. While the restitution order and the civil jury award produce the same result (an enforceable judgment against the defendant ( 1214, subd. (b)), they are a different means to that end, one based in the civil law, with its protections and requirements, and the other in criminal law, with its own protections and requirements. The restitution hearing, whether for economic or noneconomic damages, is a criminal sentencing hearing, not a civil trial. ( 1202.4, subd. (f)(1); People v. Dehle [(2008)] 166 Cal.App.4th [1380,] 1386].)

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