Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Washington Law Review
Over the past several years, the Supreme Court taken a hard look at statutes that impose "quasi-criminal" sanctions such as "civil" punishment for criminal behavior. In several high profile cases, the Court has extended double jeopardy protection to defendants subjected to civil sanctions. By looking at the punitive intent behind "civil" sanctions, the Court has embroiled itself in the highly-charged debate surrounding civil drug forfeitures. This Comment examines the tension between the Court's emergent philosophy on double jeopardy and so-called "civil" sanctions, and its application in the Ninth Circuit case, United States v. $405,089.23, which the Court heard on …
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Washington Law Review
In Young v. Weston, the U.S. District Court for the Western District of Washington struck down Washington's Sexually Violent Predators statute which allows involuntary commitment of persons classified as sexual predators. This Note analyzes the arguments that the court put forth when it determined that the statute was unconstitutional. This Note argues that the case was wrongly decided because the statute is a constitutionally sound exercise of the State's police power.