Son of Sam law
Encyclopedia
A Son of Sam Law is any American
law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers. However, this is not in the same manner of asset forfeiture
, which is intended to seize assets acquired directly as a result of criminal activity. Where asset forfeiture looks to remove the profitability of crimes by taking away money and assets gained from the crime, Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal's victims. The term "Son of Sam" refers to the nickname of serial killer David Berkowitz
, the subject of a notorious murder case in 1978.
In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime—if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.
after the Son of Sam murders committed by serial killer David Berkowitz
. It was enacted after rampant speculation about publishers offering large amounts of money for Berkowitz's story. The law was invoked in New York 11 times between 1977 and 1990, including once against Mark David Chapman
, murderer of musician John Lennon
.
Critics disputed the law in the Supreme Court on First Amendment
grounds. It was argued that "Son of Sam" laws take away the financial incentive for many criminals to tell their stories, some of which (such as the Watergate scandal
) were of vital interest to the general public.
Though this original New York law was struck down, the Supreme Court ruling actually stated that Son of Sam laws could conceivably be constitutional, but only if written very carefully, with regard to First Amendment rights. Various states (including New York) now have laws to prevent felons from capitalizing on their crimes written with an eye towards adhering to the ruling laid out by the Supreme Court concerning the First Amendment.
Another discussion of the Son of Sam law came over the case of Amy Fisher
, which garnered much publicity. Producers offered the Fisher family $80,000 for the rights to publicize the case, although that money was used to post bail
rather than personal gain and enjoyment.
New York, after numerous revisions, adopted a law in 2001 again known as the "Son of Sam" law. This law requires that victims of crimes be notified whenever a person convicted of a crime receives $10,000 (US) or more—from virtually any source. The law then attaches a springing statute of limitations, giving victims an extended period of time to sue the perpetrator of the crime in civil court for their crimes. This law also authorizes a state agency, the Crime Victims' Board, to act on the victims' behalf in some limited circumstances. Thus far, the current New York law has survived constitutional scrutiny.
sued the New York authorities to prevent enforcement of the Son of Sam law with respect to a book they were about to publish called Wiseguy
, written by Nicholas Pileggi
. The book was about ex-mobster Henry Hill
and was used as the basis for the film Goodfellas
. The case reached the Supreme Court
in 1991. In an 8-0 ruling, the court ruled the law unconstitutional. Simon & Schuster v. Crime Victims Board
. The majority opinion was that the law was overinclusive, and would have prevented the publication of such works as The Autobiography of Malcolm X
, Thoreau's
Civil Disobedience
, and even The Confessions of Saint Augustine
.
In a Texas
lawsuit
in 1998 a civil jury awarded $1.001 billion to the siblings of Holly Maddux, invoking the Son of Sam law. The Maddux family is not expected to receive the money, rather the lawsuit was based on the rumor that Holly Maddux's murderer Ira Einhorn
was expected to sign a book deal with a European publisher. The siblings had refused to allow Einhorn to make money over the tragedy, and their lawyer had argued in court "we seek to seize any earnings of Ira Einhorn or his wife. If he can spend it, we want it."
The state of California
's Son of Sam law was struck down in 2002 after being used against Barry Keenan
, one of the men who kidnapped Frank Sinatra, Jr.
in 1963.
In high-profile cases and cases that are closely tied to national security, namely convictions for terrorism
and espionage
, a Son of Sam clause is often worked into any plea bargain
. This had been the case in the convictions of John Walker Lindh
and Harold James Nicholson
. As a result of their plea bargains, any and all profits made from book deals or movie rights would be handed over to the U.S. Treasury. Neither the convicts nor their families would be able to profit. However, as of 2010, neither Lindh nor Nicholson have had their crime cases publicized in such a manner.
With the advent of the Internet
and online sales, many Son of Sam laws are now targeting the sale of so-called "murderabilia
." The constitutionality of many of these new laws is mostly untested at this point.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers. However, this is not in the same manner of asset forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
, which is intended to seize assets acquired directly as a result of criminal activity. Where asset forfeiture looks to remove the profitability of crimes by taking away money and assets gained from the crime, Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal's victims. The term "Son of Sam" refers to the nickname of serial killer David Berkowitz
David Berkowitz
David Richard Berkowitz , also known as Son of Sam and the .44 Caliber Killer, is an American serial killer and arsonist whose crimes terrorized New York City from July 1976 until his arrest in August 1977.Shortly after his arrest in August 1977, Berkowitz confessed to killing six people and...
, the subject of a notorious murder case in 1978.
In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime—if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.
History
The first such law was created in New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
after the Son of Sam murders committed by serial killer David Berkowitz
David Berkowitz
David Richard Berkowitz , also known as Son of Sam and the .44 Caliber Killer, is an American serial killer and arsonist whose crimes terrorized New York City from July 1976 until his arrest in August 1977.Shortly after his arrest in August 1977, Berkowitz confessed to killing six people and...
. It was enacted after rampant speculation about publishers offering large amounts of money for Berkowitz's story. The law was invoked in New York 11 times between 1977 and 1990, including once against Mark David Chapman
Mark David Chapman
Mark David Chapman is an American prison inmate who murdered former Beatles member John Lennon on December 8, 1980. He committed the crime as Lennon and Yoko Ono were outside of The Dakota apartment building in New York City. Chapman aimed five shots at Lennon, hitting him four times in his back...
, murderer of musician John Lennon
John Lennon
John Winston Lennon, MBE was an English musician and singer-songwriter who rose to worldwide fame as one of the founding members of The Beatles, one of the most commercially successful and critically acclaimed acts in the history of popular music...
.
Critics disputed the law in the Supreme Court on First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
grounds. It was argued that "Son of Sam" laws take away the financial incentive for many criminals to tell their stories, some of which (such as the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
) were of vital interest to the general public.
Though this original New York law was struck down, the Supreme Court ruling actually stated that Son of Sam laws could conceivably be constitutional, but only if written very carefully, with regard to First Amendment rights. Various states (including New York) now have laws to prevent felons from capitalizing on their crimes written with an eye towards adhering to the ruling laid out by the Supreme Court concerning the First Amendment.
Another discussion of the Son of Sam law came over the case of Amy Fisher
Amy Fisher
Amy Elizabeth Fisher is an American woman who became known as "the Long Island Lolita" by the media in 1992, when, at the age of 17, she shot and severely wounded Mary Jo Buttafuoco, the wife of her lover Joey Buttafuoco...
, which garnered much publicity. Producers offered the Fisher family $80,000 for the rights to publicize the case, although that money was used to post bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
rather than personal gain and enjoyment.
New York, after numerous revisions, adopted a law in 2001 again known as the "Son of Sam" law. This law requires that victims of crimes be notified whenever a person convicted of a crime receives $10,000 (US) or more—from virtually any source. The law then attaches a springing statute of limitations, giving victims an extended period of time to sue the perpetrator of the crime in civil court for their crimes. This law also authorizes a state agency, the Crime Victims' Board, to act on the victims' behalf in some limited circumstances. Thus far, the current New York law has survived constitutional scrutiny.
Lawsuits
In 1987, lawyers for publishing giant Simon & SchusterSimon & Schuster
Simon & Schuster, Inc., a division of CBS Corporation, is a publisher founded in New York City in 1924 by Richard L. Simon and M. Lincoln Schuster. It is one of the four largest English-language publishers, alongside Random House, Penguin and HarperCollins...
sued the New York authorities to prevent enforcement of the Son of Sam law with respect to a book they were about to publish called Wiseguy
Wiseguy (book)
Wiseguy is a 1986 non-fiction book by crime reporter Nicholas Pileggi that chronicles the story of Mafia mobster-turned-informant Henry Hill...
, written by Nicholas Pileggi
Nicholas Pileggi
Nicholas Pileggi is an Italian-American author and screenwriter.-Career:Pileggi is best known for writing the book Wiseguy, which he adapted into the movie Goodfellas, and for writing the book and screenplay Casino. The movie versions of both were co-written and directed by Martin Scorsese...
. The book was about ex-mobster Henry Hill
Henry Hill (mobster)
Henry Hill is a former American mobster, Lucchese crime family associate, and FBI informant whose life story was documented in the book Wiseguy, written by crime reporter Nicholas Pileggi, and in the 1990 Martin Scorsese film, Goodfellas, in which Hill was played by Ray Liotta.-Early life:Henry...
and was used as the basis for the film Goodfellas
Goodfellas
Goodfellas is a 1990 American crime film directed by Martin Scorsese. It is a film adaptation of the 1986 non-fiction book Wiseguy by Nicholas Pileggi, who co-wrote the screenplay with Scorsese...
. The case reached the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 1991. In an 8-0 ruling, the court ruled the law unconstitutional. Simon & Schuster v. Crime Victims Board
Simon & Schuster v. Crime Victims Board
Simon & Schuster v. Crime Victims Board, , was a Supreme Court case dealing with Son of Sam laws, which are state laws that prevent convicted criminals from publishing books about their crime for profit...
. The majority opinion was that the law was overinclusive, and would have prevented the publication of such works as The Autobiography of Malcolm X
The Autobiography of Malcolm X
The Autobiography of Malcolm X was published in 1965, the result of a collaboration between Malcolm X and journalist Alex Haley. Haley coauthored the autobiography based on a series of in-depth interviews he conducted between 1963 and Malcolm X's 1965 assassination...
, Thoreau's
Henry David Thoreau
Henry David Thoreau was an American author, poet, philosopher, abolitionist, naturalist, tax resister, development critic, surveyor, historian, and leading transcendentalist...
Civil Disobedience
Civil Disobedience (Thoreau)
Civil Disobedience is an essay by American transcendentalist Henry David Thoreau that was first published in 1849...
, and even The Confessions of Saint Augustine
Confessions (St. Augustine)
Confessions is the name of an autobiographical work, consisting of 13 books, by St. Augustine of Hippo, written between AD 397 and AD 398. Modern English translations of it are sometimes published under the title The Confessions of St...
.
In a Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
in 1998 a civil jury awarded $1.001 billion to the siblings of Holly Maddux, invoking the Son of Sam law. The Maddux family is not expected to receive the money, rather the lawsuit was based on the rumor that Holly Maddux's murderer Ira Einhorn
Ira Einhorn
Ira Samuel Einhorn, known as "the Unicorn Killer" , is a convicted murderer who savagely beat his ex-girlfriend, Holly Maddux, to death and then stored her body in a locker in his apartment for more than a year before it was discovered by the police...
was expected to sign a book deal with a European publisher. The siblings had refused to allow Einhorn to make money over the tragedy, and their lawyer had argued in court "we seek to seize any earnings of Ira Einhorn or his wife. If he can spend it, we want it."
The state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
's Son of Sam law was struck down in 2002 after being used against Barry Keenan
Barry Keenan
Barry Keenan is an American businessman who is best known as the mastermind behind the 1963 kidnapping of Frank Sinatra, Jr.At the age of 21, Keenan was already successful in the world of business, as well as being the youngest member of the Los Angeles Stock Exchange...
, one of the men who kidnapped Frank Sinatra, Jr.
Frank Sinatra, Jr.
Franklin Wayne Sinatra , professionally known as Frank Sinatra, Jr., is an American singer, songwriter and conductor....
in 1963.
In high-profile cases and cases that are closely tied to national security, namely convictions for terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
and espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
, a Son of Sam clause is often worked into any plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. This had been the case in the convictions of John Walker Lindh
John Walker Lindh
John Phillip Walker Lindh is a United States citizen who was captured as an enemy combatant during the United States' 2001 invasion of Afghanistan. He is now serving a 20-year prison sentence in connection with his participation in Afghanistan's Taliban army...
and Harold James Nicholson
Harold James Nicholson
For the English diplomat, author, diarist and politician, see Harold Nicolson.Harold James Nicholson is a former Central Intelligence Agency officer and a twice-convicted spy for Russia's Foreign Intelligence Service...
. As a result of their plea bargains, any and all profits made from book deals or movie rights would be handed over to the U.S. Treasury. Neither the convicts nor their families would be able to profit. However, as of 2010, neither Lindh nor Nicholson have had their crime cases publicized in such a manner.
With the advent of the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
and online sales, many Son of Sam laws are now targeting the sale of so-called "murderabilia
Murderabilia
Murderabilia, also known as murderbilia, is a term identifying collectibles related to murders, murderers or other violent crimes, coined by Andy Kahan, director of the Houston Police Department's Crime Victims Office.-Serial killer art:...
." The constitutionality of many of these new laws is mostly untested at this point.