And Mussolini Had the Trains Running on Time: A Review of the Bad Check Offense and the Law Enforcement Debt Collector

Authors

Josephine R. Potuto, University of Nebraska College of LawFollow

Abstract

I. Introduction

II. The Bad Check Program: Why Have One?

III. Constitutionality and Legal Scope of the Bad Check Statute and Program under the Nebraska Constitution … A. The Statute ... 1. Why Specific Intent Is Necessary ... 2. How the Nebraska Supreme Court Saved the Bad Check Statute ... B. The Program ... 1. Mandatory and All-Inclusive Reach ... a. Probable Cause: Is a Bounced Check Enough? ... b. The Illegal Arrest Threat: In Terrorem and Ultra Vires ... c. Merchant as Prosecutor ... 2. Restitution Prohibition ... C. County Attorney Responsibilities to Bad Check Statute and Program ... 1. County Attorney Letter and Information Sheet ... 2. Merchant Notice ... 3. Making the All-Inclusive Less Inclusive

IV. Public Collection of Private Debts ... A. Should We? ... B. Could We?

V. Presumptions and Reimbursements: Two Additional Constitutional Questions ... A. Presumption of Knowledge (or Intent to Defraud) ... B. Restitution and Merchant Fee Reimbursement

VI. Conclusion

Appendices

Recommended Citation

Josephine R. Potuto, And Mussolini Had the Trains Running on Time: A Review of the Bad Check Offense and the Law Enforcement Debt Collector, 65 Neb. L. Rev. (1986)
Available at: https://digitalcommons.unl.edu/nlr/vol65/iss2/3