Journal ArticleDOI
Enforcing financial penalties: the case of confiscation orders
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TLDR
In this paper, the authors examined the enforcement of confiscation orders, a relatively poorly understood financial penalty, and argued that enforcement is the result of an interaction of factors which include the initial decision making of police officers, financial investigators and prosecutors; the accuracy of information about offenders' financial affairs; enforcement powers, intelligence and operational support; and, the behaviour and attitudes of the offender.Abstract:
Financial penalties are the most widely used sentence in England and Wales, but present difficulties for enforcement. This article examines the enforcement of confiscation orders – a relatively poorly understood financial penalty. Drawing on interviews with actors in the confiscation order process this article examines the processes through which confiscation orders are enforced. It is argued that enforcement is the result of an interaction of factors which include the initial decision making of police officers, financial investigators and prosecutors; the accuracy of information about offenders' financial affairs; enforcement powers, intelligence and operational support; and, the behaviour and attitudes of the offender.read more
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Journal ArticleDOI
Juvenile Economic Sanctions
TL;DR: In this paper, a study of 921 juvenile cases in five Pennsylvania counties found that restitution was imposed in only 33% of cases for which it was appropriate, whereas fees were imposed in 66% of the cases.
Journal ArticleDOI
Criminal benefit, the confiscation order and the post-conviction confiscation regime
TL;DR: In this paper, the authors explore the assumptions at the heart of the 2002 Proceeds of Crime Act and their application in practice, concentrating on the nature of the powers accorded to financial investigators and how these powers have been interpreted and applied.
Dissertation
Sentencing convicted thieves : principles, policy and practice
TL;DR: In this article, the authors investigated the effect of the severity of a non-theft crime on the sentence of a theft, and found that the gravity of the nontheft may heavily influence the sentencing decision, and the theft may be rendered little more than a bolt-on to the more serious crime.
Journal ArticleDOI
Understanding the Proceeds of Crime Act 2002: Cash Seizure and Frontline Policing
TL;DR: The Proceeds of Crime Act 2002 (POCA) (as amended) as mentioned in this paper is an example of a growing trend towards the use of hybrid civil-criminal legislation, which is referred to as the new penology of risk, or "actuarial justice" (Feeley and Simon 1992, p.449).
Dissertation
“Double Punishment” - The Proceeds of Crime Act 2002 (POCA): A Qualitative Examination of the Post-Conviction Confiscation Punishment in England and Wales.
TL;DR: In this article, the authors investigated the impact of post-conviction confiscation on the families of those who are subject to this punishment and argued that it is a punishment that once inflicted becomes a "life sentence" that is said to be inescapable.
References
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Investigating, seizing, and confiscating the proceeds of crime
Michael Levi,Lisa Osofsky +1 more
TL;DR: In this paper, the authors suggest that a number of factors have mitigated against the effective use of these provisions in attempting to investigate, seize and confiscate the proceeds of crime and make some practical suggestions about how the police and other agencies involved in the process might improve their procedures in order to make financial investigation and confiscation more effective in future.
Examining attrition in confiscating the proceeds of crime
TL;DR: In this paper, the authors found that although the majority of cases experience little or no attrition, there is significant monetary attrition in the confiscation order system and that much of the overall "loss" shown by the statistics is artificial and stems from the operation of the Proceeds of Crime Act (POCA) (2002), in particular, the broad assumptions that can be applied in the calculation of criminal benefit.
Journal ArticleDOI
Financial Penalties as a Sentence of the Court: Lessons for Policy and Practice from Research in the Magistrates' Courts of England and Wales
TL;DR: In this paper, the authors focus on three main aspects concerning the use of financial penalties as a sanction of the court and draw on research conducted in the magistrates' courts of England and Wales.