THE QUASI-CRIMINALITY REVOLUTION.

This Article explores the increasing importance of quasi-criminal proceedings in the legal landscape and posits that it is no longer inaccurate to perceive our legal system as divided simply into civil and criminal branches. The rise of quasi-criminality has in essence created a hidden third tier that borrows, in diverse ways, from the other two to address a variety of social ills, both perceived and actual. Part One examines the historical bases identified by the U.S. Supreme Court for designating a proceeding "quasi-criminal:" the coexistence of criminal charges based on the same conduct, exemplified most powerfully by forfeiture actions; and the significant loss of liberty, often coupled with stigmatic harm. Part Two discusses the contemporary expansion of quasi-criminality beyond traditional formulations in three contexts: the civil commitment of sexual predators; sex offender residency restrictions; and the detention and expulsion of noncitizens who are lawful permanent residents. Part Three concludes by discussing how the modern, quasi-criminal landscape reflects a broader "control culture" that has fostered a return to an outsider jurisprudence directed at those believed to be incapable and unworthy of assimilation. [ABSTRACT FROM AUTHOR]