Crime Shouldn’t Pay: A Proposal to Create an Effective and Constitutional Federal Anti-Profiting Statute

6 Pages Posted: 19 Aug 2011 Last revised: 3 Feb 2013

Paul G. Cassell

University of Utah - S.J. Quinney College of Law

Date Written: August 18, 2011

Abstract

It is conventional wisdom that crime should not pay. Unfortunately, federal law has struggled to implement this wisdom and pass constitutional muster. Current law violates the Constitution by targeting only certain forms of profiting that raise First Amendment concerns, such as writing books or making movies. This Article contends that Congress must avoid the embarrassment of allowing crime to pay by removing the law’s focus on expressive activity.

The Article begins by reviewing the current unconstitutional federal law. It proceeds to argue that Congress should require courts to prohibit profiting as a mandatory condition of supervised release and redraft the federal anti-profiting statute to forbid all profiting from federal crimes. Finally, the Article proposes a revised anti-profiting statute.

Keywords: victim, crime victim, impact statement, criminal justice, sentencing

Suggested Citation

Cassell, Paul G., Crime Shouldn’t Pay: A Proposal to Create an Effective and Constitutional Federal Anti-Profiting Statute (August 18, 2011). Federal Sentencing Reporter, Vol. 19, No. 2, December 2006. Available at SSRN: https://ssrn.com/abstract=1912117

Paul G. Cassell (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-585-5202 (Phone)
801-581-6897 (Fax)

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