Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

PDF

Selected Works

2004

Criminal Law and Procedure

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

The Next Era Of Sentencing Reform, Steven L. Chanenson Sep 2004

The Next Era Of Sentencing Reform, Steven L. Chanenson

Steven L. Chanenson

This article charts a path for criminal sentencing in the wake of the Supreme Court’s recent bombshell decision in Blakely v. Washington. Blakely has thrust sentencing systems across the country into turmoil. But Justice O’Connor was fundamentally wrong when, in her Blakely dissent, she exclaimed that “Over 20 years of sentencing reform are all but lost.” All is most assuredly not lost. Blakely, properly viewed, is an opportunity – albeit a disruptive one – to re-think and improve our sentencing systems.
The Blakely court interpreted the Sixth Amendment to require that any fact, other than the fact of prior conviction, …

Go to article

Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston Dec 2003

Implementing Nj's Anti-Terrorism Laws To Prevent Terrorist Financing: A Statutory Analysis Of The September 11, 2001 Anti-Terrorism Act, James B. Johnston

James B Johnston

The 9/11 hijackers received much of the money they used to implement their plan of murder by funnelling money sent to them by Al Qaeda opertives to banks located in NJ. As a result the NJ legislature signed off on powerful terrorist financing legislation when it passed the September 11, 2001 Anto Terrorism Act. This article provides a step by step analysis of these new statutes and discusses other state legislation that can allow law enforcement to confiscate money linked to terrorism.

Go to article

Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella Dec 2003

Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella

Stefan D Cassella

The article suggests that the statutes enacted to deal specifically with terrorist financing are not always the most appropriate vehicles either for bringing criminal charges or recovering assets under the forfeiture laws, but that most traditional and generic statutes, such as those dealing with money laundering, bulk cash smuggling and currency reporting violations might be more effective in most cases.

Go to article

Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella Dec 2003

Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella

Stefan D Cassella

The articles discusses the legislative history of the bulk cash smuggling statute, 31 U.S.C. 5332, and constitutional issues raised under the Excessive Fines Clause of the Eighth Amendment when the government seeks to use the statute to forfeit the currency being smuggled.

Go to article

The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella Dec 2003

The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella

Stefan D Cassella

The article discusses in detail the legal theories that the government uses to forfeit property involved in money laundering offenses under both the civil and criminal forfeiture laws. The money laundering offenses include violations of 18 U.S.C. 1956 and 1957, as well as the anti-structuring and bulk cash smuggling statutes in Title 31.

Go to article