Most people agree on what restitution should mean: if you cause harm, you make it right. Pay back what was taken. Cover the damage. Help repair what was broken.

But in reality, that’s rarely how it works.

A recent report from the National Association of Criminal Defense Lawyers shows how far the U.S. restitution system has drifted from its original purpose. Instead of focusing on repair, it often acts as another layer of punishment. Courts frequently can’t consider someone’s ability to pay. Payments go through the state first. And transparency about where the money actually ends up is limited.

Many people assume restitution goes straight to the person harmed. It usually doesn’t. In federal cases, government agencies are labeled the “victim” about 40% of the time. In other cases, payments go to corporations or insurance companies. That means someone can spend decades paying restitution not to an individual survivor, but to a large institution.

Meanwhile, people who can’t afford to pay face wage garnishment, mounting fees, property seizure, or even jail time. And despite aggressive collection efforts, most restitution debt is never recovered. Out of an estimated $110 billion owed nationwide, about $100 billion is considered uncollectible.

So what are we really accomplishing?

Restitution now sits in an uncomfortable space between repair and punishment — and too often, punishment wins. A system that truly focused on accountability would look different. It would consider ability to pay. It would prioritize meaningful repair. It would ask what actually helps communities heal.

This tension becomes especially visible in public reactions to clemency. When wealthy or politically connected individuals receive relief without clear accountability, people feel that imbalance. And they’re not wrong to notice it. Accountability often falls hardest on those with the fewest resources.

Restorative justice doesn’t mean avoiding consequences. It means consequences that are fair, proportional, and focused on repair — not endless debt or control. If restitution is meant to help make people whole, it should actually do that.

Until then, it’s fair to ask: Who is restitution really for?