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Rationalizing Criminal Forfeiture David J
Journal of Criminal Law and Criminology Volume 79 Article 2 Issue 2 Summer Summer 1988 Rationalizing Criminal Forfeiture David J. Fried Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation David J. Fried, Rationalizing Criminal Forfeiture, 79 J. Crim. L. & Criminology 328 (1988-1989) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/88/7902-328 THE JOURNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 79, No. 2 Copyright © 1988 by Northwestern University, School of Law Printed in U.S.A. RATIONALIZING CRIMINAL FORFEITURE DAVID J. FRIED* TABLE OF CONTENTS I. Introduction and Summary ............................ 329 II. The Evolution of Criminal Forfeiture Since 1970: Judicial Interpretation and Congressional Reaction ..... 335 A. The Re-Introduction of In Personam Forfeiture: Legislative History and Contemporary Comment... 338 B. RICO Forfeitures in Practice: 1970-84 ............. 339 C. The 1984 Reforms and the Reaction of the Courts. 346 III. The Purpose of Criminal Forfeiture .................... 357 A. "A Huge Business for the Federal Government:" Forfeiture as Privateering .......................... 360 B. Forfeiture as Specific Deterrent: The H eroic Fallacy ..................................... 366 C. Disproportionate Forfeitures as a Deterrent: Efficacy and Fairness .............................. 372 1. "Proceeds" or "profits": may criminals deduct their expenses? ................................ 375 2. The forfeiture of the "instrumentalities" of crime as a punishment ...................... 380 3. -
'Deprived of Their Liberty'
'DEPRIVED OF THEIR LIBERTY': ENEMY PRISONERS AND THE CULTURE OF WAR IN REVOLUTIONARY AMERICA, 1775-1783 by Trenton Cole Jones A dissertation submitted to Johns Hopkins University in conformity with the requirements for the degree of Doctor of Philosophy Baltimore, Maryland June, 2014 © 2014 Trenton Cole Jones All Rights Reserved Abstract Deprived of Their Liberty explores Americans' changing conceptions of legitimate wartime violence by analyzing how the revolutionaries treated their captured enemies, and by asking what their treatment can tell us about the American Revolution more broadly. I suggest that at the commencement of conflict, the revolutionary leadership sought to contain the violence of war according to the prevailing customs of warfare in Europe. These rules of war—or to phrase it differently, the cultural norms of war— emphasized restricting the violence of war to the battlefield and treating enemy prisoners humanely. Only six years later, however, captured British soldiers and seamen, as well as civilian loyalists, languished on board noisome prison ships in Massachusetts and New York, in the lead mines of Connecticut, the jails of Pennsylvania, and the camps of Virginia and Maryland, where they were deprived of their liberty and often their lives by the very government purporting to defend those inalienable rights. My dissertation explores this curious, and heretofore largely unrecognized, transformation in the revolutionaries' conduct of war by looking at the experience of captivity in American hands. Throughout the dissertation, I suggest three principal factors to account for the escalation of violence during the war. From the onset of hostilities, the revolutionaries encountered an obstinate enemy that denied them the status of legitimate combatants, labeling them as rebels and traitors. -
Fashion with a Purpose: Sustainability, Empowerment, Inclusivity
Fashion With A Purpose: Sustainability, Empowerment, Inclusivity While the majority of fashion still revolves around trendy, outlandish apparel intended to make a statement, create a sense of exclusivity and incite superficial gossip, it has evolved to become something far more meaningful. Now a vehicle for female empowerment, diversity and to champion environmental issues (a large portion of which admittedly stem from the industry itself), fashion as a tool to unite people and create positive change has never been more worth celebrating. Environmental devastation throughout the history of the fashion industry has been rampant. Trends come and go at the click of a button and many fast fashion brands have turnover rates of less than a day. But consumers have become increasingly aware of the unethical and unsustainable practices and their purchasing choices have begun to shift - buyers no longer desire flashy and erratic outfits that succumb to fleeting trends. The growing awareness and widespread sharing on social media of the absurd levels of textile waste, water pollution and greenhouse gas emissions caused by the industry have resulted in fast- fashion brands taking a huge hit - H&M closed down 160 stores last year, announcing in March 2018 that it had US$4.3billion worth of unsold inventory. A majority of consumers, particularly from the younger generations, have become eco-conscious, opting instead for sustainably produced apparel which they are willing to pay a premium for. According to a Nielsen poll surveying 30,000 consumers across 60 countries, 73% of Millennials have demonstrated a willingness to pay more for products that are sustainable. -
GUILTY ANGEL QUITS COUNCIL Faces 4-To-5 Years for Shaking Down Developer by Patrick Gallahue Accomplice Shook Down Devel- Speaker Gifford Miller
THIS WEEK IN INDEPENDENCE COMES TO DUMBO: P.9 CARL PEEK DEAD: P.5 WWW.BROOKLYNPAPERS.COM ISLAND FOCUS Gearing up for annual Brooklyn’s Weekly Newspaper West Indian carnival Published weekly by Brooklyn Paper Publications Inc, 26 Court St., Brooklyn 11242 Phone 718-834-9350 AD fax 718-834-1713 • NEWS fax 718-834-9278 © 2002 Brooklyn Paper Publications • 14 pages including 4 pages GO BROOKLYN • Vol.25, No. 34 AWP • September 2, 2002 • FREE INSIDE GUILTY ANGEL QUITS COUNCIL Faces 4-to-5 years for shaking down developer By Patrick Gallahue accomplice shook down devel- Speaker Gifford Miller. prison. If he were convicted of he chooses. Rodriguez cannot n’t want to put his family and charged with attempted extor- The Brooklyn Papers oper Greg O’Connell for cash Rodriguez’s attorney, Ron- all the charges against him, withdraw his plea, but can ap- friends though a very long tri- tion, extortion conspiracy and / File photo and property over a controver- ald Fischetti, told The Brook- Rodriguez would have faced peal the sentence if it exceeds al,” Fischetti said. fraud in addition to a battery of He’s no longer a council- sial plan to build a massive lyn Papers on Wednesday that 20 years behind bars. the agreement, according to “Anything he did,” Fischetti other charges handed down by man and soon Angel Fairway supermarket on the his client would enter a guilty Judge Frederic Block does Fischetti. added, “did not affect his con- the grand jury. Rodriguez will no longer Red Hook waterfront, Ro- plea on Thursday, Aug. -
Annual Report 2020
BRAVE JUSTICE ANNUAL REPORT 2020 MELINDA KATZ DISTRICT ATTORNEY Queens District Attorney 125-01 Queens Boulevard Kew Gardens, NY 11415 TABLE OF CONTENTS 2 MESSAGE FROM DISTRICT ATTORNEY MELINDA KATZ A MESSAGE FROM DISTRICT ATTORNEY MELINDA KATZ 2020 was a year like no other. From the start, I knew it would take a steady hand to achieve brave justice and create a more equitable criminal justice system while keeping Queens’ communities safe. On day one, my team and I effectuated new policies, practices and structures designed to create the safest and fairest borough in the city. We immediately began navigating through the challenging implementation of New York State’s long awaited historic bail and discovery reform. I could not have anticipated the challenges to come: those already tumultuous waters deepened in just three months’ time, as a world-wide pandemic hit the city. And not long after, our city transformed yet again in the wake of historic protests and calls for meaningful police reform. This past year, we bravely rose above the turbulent waters. We began building bridges – bridges that will keep our communities safe while embracing new, progressive approaches toward prosecution and the criminal justice system. Inside this book, we will explore the remarkable bridge building we have started, in what has proven to be an unparalleled year: A bridge to Trust – where an emphasis is placed on new progressive leadership, staff training, and a demand for excellence and professionalism throughout a newly structured organization that is designed to further our mission to achieve brave justice. A bridge to Fairness – by instituting new policies that work to address racial and economic disparities, such as reducing prosecution of low-level offenses, utilizing alternatives to cash bail, reducing incarceration, making fair and just plea agreements, and providing more opportunities for rehabilitation and redemption from past violations. -
View Supporting Document (PDF)
“UpsiteTown” a dystopian film by Sara Balestrieri Chapter One: From an italian legend to political crisis CHAPTER TWO: THE UPSIDE chapter three: the court and politicians - characters’ development CHAPTER FOUR: THE PERFORMERS chapter FIVE: the invisibles of the upside - BEHIND THE SCENES INDEX chapter six: the downside chapter seven: From the page it comes to life cHAPTER EIGHT: the final designs of upsidetown CHAPTER ONE from an italian legend to political crisis ONCE UPON A TIME: THE BEGINNING This story was inspired by an Italian legend relating to a beauti- that isn’t, however, the reality. To protect her feelings and emo- ful palace in Vicenza: Villa Valmarana ai Nani. tions, her parents keep the little princess in a bubble of lies. The legend talks about a dwarf small girl, Princess Layana, I analyzed this theme, focusing on the passage between the daughter of one of the noble owners of the villa. Because of childhood and adult age, and its loss of innocence as her deformity, the parents ordered that the young woman lived consequence. I built this character grew in a world detached confined within the high walls of the mansion and, to avoid from reality, which makes her develop a distorted vision of life, hurting the girl’s feelings, all the servants and custodians of the embellishing it and enriching it with wonders. This doesn’t let villa were chosen exclusively among the dwarves. her know to see the truth: she grows up in a world of injustice and pain, provoked by her father who is the head of the gov- The myth of the princess never seen before and confined in the ernment and he wants to maintain this situation of disparity for villa started to circulate amongst the folks of the village, until personal advantages. -
TNN Readies Repositioning
1.11 IAMUMME 078 #BXNQDWJ*******************3-DIGTT WW0098348# JUN04 ED9 488 LAURA JONES WALDENBOOKS 42 MOUNT PLEASANTAVE WHARTON, NJ 07885-2120 111-1111111 111111 VOL. 12 NO. 46 THE NEWS MAGAZINE OF THE MEDIA DECEMBER 16, 2002 $3.95 MARKET INDICATORS NATIONAL TV: SOLID TNN Readies Repositioning Auto, telecom, novie, beer, video game and Net moves to stem slippage with young -skewing shows; namechange weighed PAGE 4 pe-sonal care cate- go-ies are driving the marketplace with dou- SYNDICATION ble-digit spending hikes National Ratings through holiday period. NET CABLE: STRONG Claims Disputed Nets decking the halls as overall tightness and Some studios say cable Waiti brisk demand drive data should be broken out scatter rate hikes into first quarter. Wireless, PAGE 5 movies, video games are loliday spenders. MAGAZINES T SPOT TV: MIXED W.th January slowdown Crystal Springs He's J1:Jlij c at the anund the corner, sta- ticns are relying on To TV Guide Ne 'i r'st and automotive to stay New publisher aims to oversees a strong strong to bolster first quarter. Telecon is energize Gemstar flagship TV station group. healthy, retail mixed. PAGE 6 Is lAspIan Murdoch RADIO: WARM Advertising in Los al early to Angeles, Chicago, TV STATIONS run News Corp.? Mliami softening slightly for early January. CBS Starts Long BY JOE STRUPP PAGE 18 Overall, month looks stronger than usual, Uphill Journey dniven by attractive sta- Swanson says patience tion rate ad padkages. needed for turnaround MAGAZINES: STEADY While the drugs and PAGE 9 remedies and toiletries and cosmetics cate- Mediaweek Magazine gories are solid Monitor PAGE 27 spenders in first luar- ter, wireless companies anc electronics have els] joined the fray, as they promote their lat- est products. -
Outstanding Lighting Design/Lighting Direction for a Variety Special
2021 Primetime Emmy® Awards Ballot Outstanding Lighting Design/Lighting Direction For A Variety Series The Amber Ruffin Show Episode 117 In this episode of The Amber Ruffin Show, Amber’s first audience member is attacked after stealing her sidekick’s joke, Amber previews a movie chronicling Harriet Tubman’s true dream, sings a song about her fear of the coronavirus, and coaches the parents who opposed transgender representation in a school book program. America's Got Talent The Finals The top 10 acts perform one last time from Universal Studios for their chance to win $1 million and be named the most talented act in America. American Idol Episode 419 Season 4 of American Idol concludes with the top three finalists taking the stage one last time in hopes of securing America’s vote to becoming this season’s winner. In addition to the top 3, former contestants returned to join renowned music artists for unforgettable performances throughout the show. Antiques Roadshow American Stories Antiques Roadshow transports audiences across America to discover captivating stories about items ranging from the everyday to the extraordinary. For the first time, Antiques Roadshow visits with notable people from comedy, film, TV, literature, music, and sports to learn about their personal treasures while exploring our collective history. A Black Lady Sketch Show If I’m Paying These Chili’s Prices, You Cannot Taste My Steak! A common Black figure-of-speech comes alive; commentators analyze a high-stakes search for a cafeteria seat; a fast-paced nail appointment gets pricey; a woman uses a cult-like seminar to scare off her friend; a psycho tampers with his hostage’s purse; a woman reaches hair nirvana; the women stage a presidential debate. -
City Guide to Sacred Spaces
NYC Sacred Space International / Tour Sacred Spaces City Guide to Sacred Spaces – New York, NY: Manhattan and Brooklyn © Sacred Space International City Guide to Sacred Spaces in New York City CITY GUIDE TO SACRED SPACES NEW YORK, NY Key Map 2 Table of Sacred New York: Introduction to finding sacred spaces in New York 3 Individual Sacred Space Descriptions: Contents Map A 4 [NYC 01] Islamic Cultural Center of New York (ICCNY) 5 [NYC 02] Bethesda Fountain in Central Park 8 [NYC 03] Central Synagogue 11 [NYC 04] St. Peter’s Church 14 [NYC 05] St. Malachy’s – The Actor’s Chapel 17 Map B 20 [NYC 06] Brotherhood Synagogue 21 [NYC 07] East End Temple 24 [NYC 08] Grace Church 27 [NYC 09] African Burial Ground National Monument 30 [NYC 10] Brooklyn Bridge 32 Map C 35 [NYC 11] St. Ann & The Holy Trinity Church 38 [NYC 12] Fort Greene Park & Prison Ship Martyrs’ Monument 41 [NYC 13] Lafayette Avenue Presbyterian Church 44 [NYC 14] St. Nicholas Antiochian Orthodox Cathedral 47 Bibliography and Acknowledgments 48 Credits 49 A B © Sacred Space International C City Guide to Sacred Spaces in New York City 2 CITY GUIDE TO SACRED SPACES NEW YORK, NY Sacred New York INTRODUCTION TO FINDING SACRED SPACES IN THE CITY In this densely populated city, we found a rich diversity of sacred space, which gave us a sense of quiet and otherworldliness. Our real problem was how to pare down our list. After a long process, we narrowed our field to the boroughs of Manhattan and Brooklyn and focused on less traveled and possibly under-appreciated sites. -
Queens Today
Volume 65, No. 218 WEDNESDAY, FEBRUARY 26, 2020 50¢ QUEENS Holmes comes TODAY February 26, 2020 home Chief of school safety ASTORIA’S 35TH AVENUE PLAYGROUND has reopened just in time for spring, two years returns to NYPD after and $3 million after construction began. Im- provements include better lighting and a more stint in private sector welcoming entrance, in addition to new play- By David Brand ground equipment. The renovation was part Queens Daily Eagle of Mayor Bill de Blasio’s Community Parks After more than three decades in uniform, Initiative, which works to revitalize parks in Assistant Chief Juanita Holmes made the deci- neighborhoods with above-average poverty sion to leave the NYPD and take a lucrative job rates. as head of security for a global financial ser- vices company last year. The job paid well and CONVICTED RAPIST HARVEY WEINSTEIN allowed her to travel, but her heart wasn’t in it. was admitted to Bellevue Hospital with chest Holmes, one of the highest ranking black pains while en route to Rikers on Monday. He women in the department, wanted to return was charged with one count of third-degree to the NYPD, and new Police Commissioner rape and one count of criminal sexual act in the Dermot Shea agreed. Earlier this year, he ap- first degree and faces up to 29 years. pointed Holmes as chief of the School Safety Division, a new role after her tenure as head of Queens North borough commander. THE LONG ISLAND RAILROAD WILL “I decided to come back because it’s more present their discounted ticket plan to the fulfilling than the private sector,” Holmes said. -
Council Minutes 1655-1656
Council Minutes 1655-1656 New Netherland Documents Series Volume VI ^:OVA.BUfi I C ^ u e W « ^ [ Adriaen van der Donck’s Map of New Netherland, 1656 Courtesy of the New York State Library; photo by Dietrich C. Gehring Council Minutes 1655-1656 ❖ Translated and Edited by CHARLES T. GEHRING SJQJ SYRACUSE UNIVERSITY PRESS Copyright © 1995 by The Holland Society of New York ALL RIGHTS RESERVED First Edition, 1995 95 96 97 98 99 6 5 4 3 21 The paper used in this publication meets the minimum requirements o f American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z 39.48-1984.@™ Produced with the support of The Holland Society o f New York and the New Netherland Project of the New York State Library The preparation of this volume was made possibl&in part by a grant from the Division of Research Programs of the National Endowment for the Humanities, an independent federal agency. This book is published with the assistance o f a grant from the John Ben Snow Foundation. Library of Congress Cataloging-in-Publication Data New Netherland. Council. Council minutes, 1655-1656 / translated and edited by Charles T. Gehring. — lsted. p. cm. — (New Netherland documents series ; vol. 6) Includes index. ISBN 0-8156-2646-0 (cloth : alk. paper) 1. New York (State)— Politics and government—To 1775— Sources. 2. New York (State)— History—Colonial period, ca. 1600-1775— Sources. 3. New York (State)— Genealogy. 4. Dutch—New York (State)— History— 17th century—Sources. 5. Dutch Americans—New York (State)— Genealogy. -
TV Shows Tried
TV Shows Tried. by SciFiOne (scifione.net) Show Name Watch Ln Yr Tried Review / Comments Final results Call Me Kat No 0.5 2021 I was almost instantly bored and did not get far. Abandoned Call Your Mother unlikely 0.5 2021 A no laughs pilot for a sitcom about an empty nest mom who can't let go flying to LA to be with her semi-functional kids. I'll try one more. L.A.'s Finest No 1.0 2021 A much too gritty and graphic cop / crime drama.. Abandoned Mr Mayor No 0.5 2021 This sitcom pilot was too stupid and acrimonious. I did not get far. Abandoned New Tricks OK 1.0 2021 A slightly humorous 2004 UK police procedural. A team of retired old school Disposable male cops lead by a not so young female detective investigates old crimes. The personal life bits are weak but the detective interactions are good. Queen's Gambit OK 1.0 2021 A 7 part miniseries on Netflix about a young damaged and addicted character Disposable who just happens to be a chess prodigy too. It's about 33% too long. Resident Alien No 1.0 2021 Two votes. One= nothing was happening. Two= it was dumb. We gave up less Abandoned than half way. Later I finished it & it was OK at 120% speed= not worth it. Shetland No 1.0 202 Slow, dour, dark. and nasty police murder investigation series in the Shetlands. Abandoned Well done, but way to unlikable to watch. Vera No 1.5 2021 A well done police murder detective show but too long, slow, and depressing Abandoned (even the irascible protagonist).