1161 (2000) (stating that "[t]he Fourth Amendment's exclusionary rule applies to
quasi-criminal forfeiture proceedings.").
But the court disagreed, saying: "Due to the constitutional and
quasi-criminal nature of habeas proceedings and the fact that such proceedings are the primary avenue through which convicted defendants are able to challenge the validity of a conviction and sentence, we hold that Article V, Section 2(a) of the Florida Constitution grants this court the exclusive authority to set deadlines for postconviction motions."
Court's apparent enlargement of a fundamental constitutional right provoked a vigorous dissent from the Court's more conservative Justices.(5) Justice Thomas, whose dissent was so strident that Chief Justice Rehnquist refused to join part of it,(6) called for the overruling of the Griffin line of cases.(7) Furthermore, Justice Thomas decried the extension of Griffin's right of access from criminal to
quasi-criminal cases: "Griffin did not merely invent the free transcript right for criminal appellants; it was also the launching pad for the discovery of a host of other rights.
Analytically, some other important questions are posed in this provocative and thoughtful text--not least the question of whether Ruggiero's framework enables him to move beyond the close description of different forms of legal, criminal or
quasi-criminal labour and organization in different, capitalist societies to specification of the historical and structural `conditions of existence' of these forms as legal or otherwise: the introductory chapter of this text is entitled `bad economies' but the notion of a `good' or `bad' economy is never really specified.
The former is endemic to a new system of
quasi-criminal economics that has arisen from the post-Soviet shambles; the latter is a strange inability, author Barbara Tuchman once observed, "to perceive that a given policy is harming rather than serving self-interest."
Palmigiano(23) a prison disciplinary board was permitted to infer guilt from a prisoner's silence in the face of charges against him.(24) The Supreme Court held that in prison administrative disciplinary proceedings "an adverse inference in a
quasi-criminal action from assertion of the Fifth Amendment privilege does not impermissible burden a claimant's constitutional rights."(25) The circuit courts have disagreed in their interpretations of the Baxter holding as applied to proceedings under the Drug Abuse and Prevention Act.(26)
If Sheikh and his
quasi-criminal teenage gang of Real Cool Moslems are the trickster heroes of the novel's milieu, what role is played by Coffin Ed and Grave Digger, the two black police detectives on the Harlem beat?
Can the establishment of a sovereign Mohawk nation, led by an embryonic capitalist class linked to
quasi-criminal activity like gambling and smuggling, be the way of social justice?
The GCA of 1968, which provides for FFLs, is a piece of
quasi-criminal legislation, directed at activities protected by the pesky Second Amendment.
Since the EC does not have authority to enact criminal laws binding on the states, a council directive requiring member states to enact at least
quasi-criminal provisions and other sanctions is the way it will implement the UN convention.
He argues that the judges while appreciating the
quasi-criminal jurisdiction of an election court, misapplied the standard of proof applicable to allegations of election offences in contravention of Article 50(2) of the Constitution.
The banks have shown themselves to be
quasi-criminal organisations which have caused pain and death and should be treated for what they are, a clear and present danger to society and the public good.
