
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
This work investigates the efficacy and legal implications of civil recovery mechanisms as a tool for addressing the proceeds of organized crime in the absence of criminal convictions. Authors Colin King and Jennifer Hendry examine the shift toward in rem proceedings, which allow states to seize assets based on a civil standard of proof. They analyze how this approach serves as a pragmatic response to the challenges posed by high-level career criminals who maintain distance from direct criminal activity.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this text as a rigorous examination of the intersection between civil and criminal law frameworks. Experts highlight the authors' ability to synthesize complex legislative developments into a coherent critique of modern asset forfeiture policies.
Page Count:
0
Publication Date:
2023-01-01
ISBN-10:
0192557548
ISBN-13:
9780192557544
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