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Civil recovery of criminal property
Title
Civil recovery of criminal property / Colin King, Jennifer Hendry.
ISBN
9780198824251
0198824254
Edition
First edition.
Publication
Oxford, United Kingdom : Oxford University Press, 2023.
Copyright Notice Date
©2023.
Physical Description
xiv, 224 pages ; 24 cm.
Summary
"Criminal law enforcement procedures have long struggled to cope with the disconnected and cumulative nature of organised criminality, in particular the conundrum of the 'kingpin' career criminal who operates at a remove. Civil recovery, which is the terminology we use to refer to confiscation of the proceeds of crime in the absence of criminal conviction, has thus been presented as a galvanising measure for criminal justice's blunted weaponry, and a pragmatic answer to the problem of career criminality. In both Ireland and England & Wales, in rem proceeds of crime legislation provides that, under a civil standard of proof, an individual may be deprived of property where the court is satisfied that it has been acquired as proceeds of crime"-- Provided by publisher.
Format
Books
Language
English
Added to Catalog
January 08, 2024
Series
Oxford monographs on criminal law and justice.
Bibliography
Includes bibliographical references and index.
Contents
Intro
Title Page
Copyright Page
Dedication
Contents
List of Abbreviations
1. Introduction
Setting the Scene
Arguments
Method
Terminology
Distinguishing Post-Conviction and Non-Conviction-Based Approaches
Criminal (post-conviction) confiscation
Non-conviction-based confiscation
Civil recovery
Chapter Outline
2. Civil Recovery as a Hybrid Civil/Criminal Procedure
Introduction
What is Procedural Hybridity?
Procedural rights and protections
Security
Prevention
The Civil/Criminal Distinction
Drawing the lines
Blurring the lines: The 'middleground'
Honest and pragmatic?
3. Justifications and Legal Framework
Introduction
'Follow the Money'
Enacting Civil Recovery
Justifying Civil Recovery
Law: Ireland
Law: England &
Wales
4. Judicial Responses
Introduction
Judicial Reaction-Ireland
Judicial Reaction-England &
Wales
Punishment
Preventive
Reparative
Compensatory
Civil Classification
5. Critiquing Civil Recovery
Introduction
The Non-Conviction-Based Approach
Presumption of Innocence
Standard of Proof
6. Civil Recovery and Property
Introduction
The Legal Fiction of Actions in rem
A 'Specific Property' Regime
No good title
Title and third-party rights
Restitution
'Life, Liberty, and Estate'
7. A Pragmatic Response?
Introduction
An Academia/Law Enforcement Divide?
A Means to an End?
Fair response or necessary evil?
A proportionate response?
The standard and the burden of proof
Disclosure Requirements ('The Innocent Have Nothing to Fear')
Explaining unexplained wealth
Defending civil recovery proceedings
The role of the courts
Principle, Policy, Procedure-and Pragmatism
Bare harm and moral harm
8. Conclusion
Concluding Remarks.
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