Using civil remedies for criminal behavior: rationale, case studies, and constitutional issues

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U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice, 1994 - Law - 79 pages
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These seven case studies present various criminal justice programs that use civil process to target intransigent criminal behavior. A program in Duluth, Minnesota, uses civil injunctive relief to prevent domestic violence. The Massachusetts Attorney General, together with the Boston Police Department, uses the Massachusetts Civil Rights Act of 1979 to obtain injunctive relief for victims of hate crime. Two civil statutes are used by the Los Angeles Police Department, in conjunction with the Los Angeles District Attorney, to confiscate weapons from the mentally ill even when no crime has been committed and usually without obtaining a search warrant. The Arizona Attorney General's office relies on police undercover work in combination with a State civil racketeering statute to shut down illegal enterprises that steal and resell cars. Other policies described involve civil remedies to evict drug dealers from apartments, seize whole buildings used in the commission of a felony, and abate drug-related nuisances. Key considerations outlined for the effective use of civil remedies to achieve criminal justice goals are to find appropriate legislation, secure competent staff, develop close police-prosecutor collaboration, involve other agencies, and involve the community.

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Contents

Statutory Basis
5
Using Civil Remedies To Address NonDrug Crime Domestic Violence Hate Crime
9
Program Accomplishments
22

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