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The "Son Of Sam" Law: The First Amendment Gone Gray

 

It is often jokingly said, that of those accused of high profile crimes that when they are captured they are more eager to contact an agent than a defense attorney (Don Pember, p. 113). But without warning, during the hot and steamy summer of 1977 everything changed. The First Amendment suddenly went gray.
             His name was David Berkowitz. He was a serial killer originally called the.44 Caliber Killer,? because of his penchant for killing women with a .44 caliber handgun in various parts of New York City. The police were frantic and, from letters left at the different crime scenes, the press eventually dubbed him, Son of Sam.
             ?I am deeply hurt by your calling me a wemon hater. .
             I am not. But I am a monster. I am the 'Son of Sam.'.
             I am a little brat.? (Excerpt from a letter written to .
             Captain Joseph Borelli of the NYPD).
             .
             (New York Police File).
             Eventually, the Son of Sam was caught, and the psycho had a name?David. The press clamored to purchase the rights to his story. David Berkowitz's phone was, literally, ringing off the hook. If he could manage to survive the trial, he?d be a rich man. If he died, then his family would benefit. Reports circulated furiously that the offers were rolling in from all over the nation to hear David speak. The New York Legislature finally felt the need to take action. A law was passed that permitted the state to seize and hold for five years any money earned by an individual from the sale of his or her story of crime (Pember, p. 113). The money was then set aside to compensate the victim or victim's family of the crimes perpetrated by the felon. The criminal/author can collect any money left after the five years has lapsed (Pember, p.113). This was theSon of Sam? law and was eventually adopted by 42 states as well as the federal government of the United States. No longer could a criminal profit while others suffered. No longer could evil scorn the innocent even after the wrong was committed.


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