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A Son of Sam law (American English; also known as a notoriety-for-profit law) is a law designed to keep criminals from profiting from the publicity of their crimes; for instance, by selling their stories to publishers. Such laws often authorize the state to seize money earned from deals such as book/film biographies and paid interviews and use it to compensate the criminal's victims. [1]
These laws have been criticized as violating the free-speech guarantee of the First Amendment to the United States Constitution. The original and namesake law from New York State was ruled unconstitutional on those grounds by the Supreme Court of the United States. New York and other states have since passed laws with similar goals that attempt to comply with the Court's decision.
In certain cases, a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime.[ citation needed ]
The term "Son of Sam" is derived from the first law of this type, targeted at serial killer David Berkowitz, who used the name "Son of Sam" during his notorious murder spree in mid-1970s New York City. After his arrest in August 1977, the intense media interest in the case led to widespread speculation that he might sell his story to a writer or filmmaker. Although Berkowitz denied wanting any kind of deal, the New York State Legislature swiftly passed preemptive legal statutes anyway, the first legal restriction of its kind in the U.S. The original New York law was invoked in New York eleven times between 1977 and 1990, including against Mark David Chapman, the murderer of musician John Lennon.
Critics argued that the law infringed on freedom of speech and therefore violated the First Amendment. Further they say that "Son of Sam" laws take away the financial incentive for many criminals to tell their stories, some of which (such as the Watergate scandal) were of vital interest to the general public.
In 1987, lawyers for publishing company Simon & Schuster sued the New York authorities to prevent enforcement of the Son of Sam law with respect to a book they were about to publish called Wiseguy , written by Nicholas Pileggi. The book was about ex-mobster Henry Hill. It was adapted for the film Goodfellas .
The case reached the U.S. Supreme Court in 1991. In an 8–0 ruling on Simon & Schuster v. Crime Victims Board , the court ruled the law unconstitutional. [2] The majority opinion was that the law was overinclusive, and would have prevented the publication of such works as The Autobiography of Malcolm X , Thoreau's Civil Disobedience , and even The Confessions of Saint Augustine . [3]
Similarly, the state of California's Son of Sam law was struck down in 2002 after being used against Barry Keenan, one of the men who kidnapped Frank Sinatra, Jr. in 1963.
After numerous revisions, New York adopted a new "Son of Sam" law in 2001. [4] This law requires that victims of crimes be notified whenever a person convicted of a crime receives $10,000 (US) or more from virtually any source. [5] The law attaches a springing statute of limitations, giving victims an extended period of time to sue the perpetrator of the crime in civil court for their crimes and to potentially receive damages. [6] This law also authorizes a state agency, the Crime Victims' Board, to act on the victims' behalf in some limited circumstances. [7] Thus far, this current New York law has survived court scrutiny, largely because profit is targeted instead of speech.
Regardless of whether a state has a formal Son of Sam law, victims and their families may use civil lawsuits for monetary damages that effectively preclude a wrongdoer (or accused wrongdoer) from profiting from their crime. A prominent example is the litigation between the family of Ron Goldman and O. J. Simpson following Simpson's acquittal for Goldman's murder. Goldman's family won a wrongful death claim against Simpson for more than $30 million. When Simpson later published a book about the murder, If I Did It , a court awarded the book's rights to the Goldman family to help satisfy the judgment. [8]
In high-profile criminal cases and cases that are closely tied to national security, such as convictions for terrorism and espionage, a "Son of Sam clause" has been included in plea bargains. Examples include John Walker Lindh (an American who aided the Taliban in Afghanistan) and Harold James Nicholson (a Central Intelligence Agency officer who spied for Russia). As a result of their plea bargains, any and all profits made from book deals or movie rights would be turned over to the U.S. Treasury. Neither the convicts nor their families would be able to profit.
With the advent of the Internet and online sales, many Son of Sam laws are now targeting the sale of so-called "murderabilia".[ citation needed ] Few courts have yet issued opinions regarding the constitutionality of many of these new laws.
Son of Sam laws are distinct from asset forfeiture, the seizing of assets acquired directly as a result of criminal activity. Where asset forfeiture intends to remove the profitability of crimes by taking away money and assets gained as proceeds from the crime, Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes.
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Mark Fuhrman is a former detective of the Los Angeles Police Department (LAPD). He is primarily known for his part in the investigation of the 1994 murders of Nicole Brown Simpson and Ron Goldman in the O. J. Simpson murder case.
Ronald Lyle Goldman was an American restaurant waiter and aspiring actor.
The Criminal Assets Bureau (CAB) is a law enforcement agency in Ireland. The CAB was established with powers to focus on the illegally acquired assets of criminals involved in serious crime. The aims of the CAB are to identify the criminally acquired assets of persons and to take the appropriate action to deny such people these assets. This action is taken particularly through the application of the Proceeds of Crime Act 1996. The CAB was established as a body corporate with perpetual succession in 1996 and is founded on the multi-agency concept, drawing together law enforcement officers, tax officials, social welfare officials as well as other specialist officers including legal officers, forensic analysts and financial analysts. This multi-agency concept is regarded by some as the model for other European jurisdictions.
Francis Lee Bailey Jr., better known to the general public as F. Lee Bailey, was an American criminal defense attorney. Bailey's name first came to nationwide attention for his involvement in the second murder trial of Sam Sheppard, a surgeon accused of murdering his wife. He later served as the attorney in a number of other high-profile cases, such as Albert DeSalvo, a suspect in the "Boston Strangler" murders, heiress Patty Hearst's trial for bank robberies committed during her involvement with the Symbionese Liberation Army, and US Army Captain Ernest Medina for the My Lai Massacre. He was a member of the "Dream Team" in the trial of former football player O. J. Simpson, who was accused of murdering Nicole Brown Simpson and Ron Goldman. He is considered one of the greatest lawyers of the 20th century.
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.
The slayer rule, in the U.S. law of inheritance, stops a person inheriting property from a person they murdered.
The People of the State of California v. Orenthal James Simpson was a criminal trial in Los Angeles County Superior Court, in which former NFL player and actor O. J. Simpson was tried and acquitted for the murders of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman, who were stabbed to death outside Brown's condominium in Los Angeles on June 12, 1994. The trial spanned eight months, from January 24 to October 3, 1995.
David Richard Berkowitz, also known as the Son of Sam and the .44 Caliber Killer, is an American serial killer who pled guilty to perpetrating eight shootings in New York City between July 1976 and July 1977, which resulted in six fatalities. Berkowitz grew up in New York City and served in the United States Army. Using a .44 Special caliber Bulldog revolver, he killed six people and wounded seven others by July 1977, terrorizing New Yorkers. Berkowitz eluded the biggest police manhunt in the city's history while leaving letters mocking the police and promising further crimes, which were highly publicized by the press.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Asset forfeiture was found to generally increase with the percentage of the assets retained depending on electoral incentives.
United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment. It was the first time the Court struck down the federal government's "aggressive use of forfeiture" and the only time it has held that an imposed fine was unconstitutional under the Eighth Amendment.
Simon & Schuster v. Crime Victims Board, 502 U.S. 105 (1991), was a Supreme Court case dealing with Son of Sam laws, which are state laws that prevent convicted criminals from publishing books about their crime for profit. Simon & Schuster challenged the law's application to profits from Nicholas Pileggi's book Wiseguy: Life in a Mafia Family, which was written with paid assistance from former mobster Henry Hill. The court struck down the Son of Sam law in New York on the ground that the law was violative of the First Amendment, which protects free speech. Nevertheless, similar laws in other states remain unchallenged. The opinion of the court was written by Sandra Day O'Connor.
Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor, international lawyer and founder of Charles Anthony (Lawyers) LLP.
In modern U.S. usage, forfeiture is deprivation or destruction of a right in consequence of the non-performance of some obligation or condition. It can be accidental, and therefore is distinguished from waiver. In the law of England and Wales, the forfeiture rule is the rule of law which prevents a killer from inheriting the estate of a person they have unlawfully killed. The term also refers to the rule in English law under which an insured person who makes a fraudulent insurance claim loses their claim: this rule was derived from common law until the passage of the Insurance Act 2015, which "puts the common law rule of forfeiture on a statutory footing".
In the United States, civil forfeiture is a process in which law enforcement officers take assets from people who are suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity. Sometimes it can mean a threat to seize property as well as the act of seizure itself. Civil forfeiture is not considered to be an example of a criminal justice financial obligation.
The "Dream Team" refers to the team of trial lawyers that represented American athlete O. J. Simpson in his 1995 trial for the murder of his former wife, Nicole Brown Simpson, and Ronald Goldman. The team included Robert Shapiro, Johnnie Cochran, Carl Douglas, Shawn Chapman Holley, Gerald Uelmen, Robert Kardashian, Alan Dershowitz, F. Lee Bailey, Barry Scheck, Peter Neufeld, Robert Blasier, and William Thompson.
Abatement ab initio is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction. Abatement ab initio was the subject of two United States Supreme Court decisions, Durham v. United States (1971) and Dove v. United States (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals.
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments. The case covered the asset forfeiture of the petitioner's truck after the police found a small quantity of drugs within it and he was convicted on non-felony possession charges.
The Sons of Sam: A Descent Into Darkness is a 2021 docuseries that premiered on Netflix on May 5, 2021. The show profiles Maury Terry, a journalist who spent 40 years trying to prove that the notorious serial killer David Berkowitz did not act alone. The series is directed by Joshua Zeman and features Paul Giamatti as the voice of Maury Terry.
Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin) 191 Neb. 462, 215 N.W.2d 849 (1974) is a Nebraska Supreme Court civil forfeiture case. It was brought by the American state of Nebraska to seize a Rambler Gremlin on the sole grounds it was transporting illegal marijuana. The owner appealed against the forfeiture decision on the grounds of a claimed lack of due process. The court ruled 4–2 and sustained the confiscation as lawful.