NCJ Number
92124
Journal
Alabama Law Review Volume: 33 Issue: 1 Dated: (Fall 1981) Pages: 109-141
Date Published
1981
Length
33 pages
Annotation
The Alabama antiprofit statute, with its inconsistent and ambiguous provisions, appears to be a quick response to a relatively recent public concern, rather than well planned and thoroughly considered legislation.
Abstract
The statute applies to two kinds of contracts: those concerning the reenactment of the crime by a movie, book, etc. and those concerning the offender's thoughts and opinions regarding said crime. The statute seeks to prevent the offender from profiting from his crime. Any money owed to the offender from a commercial venture concerning the crime is paid to the Board of Adjustment. The Board is required to deposit the money into an escrow account to be maintained for 5 years. Money in the escrow account is available to compensate victims of crimes committed by the offender, provided certain conditions are met. The statute as it now exists subordinates an individual offender's important rights to the perceived best interests of society as a whole. The soundness of both the underlying policy and ultimate objectives of the Alabama statute is unquestionable. However, the Alabama Legislature should act promptly to correct the statute's constitutional infirmities before this statute is declared unconstitutional by the courts. A total of 192 notes are supplied.