NCJ Number
141008
Date Published
Unknown
Length
28 pages
Annotation
In 1978, in the aftermath of the serial murders committed by David Berkowitz, New York State passed a law prohibiting criminals from receiving money for selling their stories to publishers and movie producers.
Abstract
More than 40 States and the Federal Government followed suit with similar legislation. However, the laws gave rise to a debate over victims' rights versus criminals' rights and the law's possible encroachment on First Amendment rights to free speech. In 1991, the Supreme Court ruled in Simon and Schuster v. New York Crime Victims Board that the "Son of Sam" law was unconstitutional. Although payments to criminals involved the right to free speech of both publishers and criminals, the issue went deeper, touching upon social science and criminological research. This author maintains that such research, which often depends on data obtained from criminals who are paid for their participation, benefits society as a whole by shedding light on the causes of criminality.