The principle of forfeiture is one of the most frequently discussed legal issues. The common law established the notion that property seized during a crime can be retained by the government if it is able to prove that the suspect committed the crime with some sort of criminal intent. With this in mind, any assets the defendant owns can be seized by the government. The seizure and disposition of these assets are referred to as forfeiture. Property that is not immediately returned when arrested cannot be seized. In most instances, forfeiture occurs only after a criminal conviction, but sometimes, other means of enforcement of the law may require immediate action.
What is the relation between forfeitures and the Fifth Amendment's guarantee of the right to trial? Unlike the majority of criminal laws, civil forfeitures do not require a showing of actual guilt. Therefore, it is possible for innocent parties to be accused of crimes without actually proving their innocence. In most cases, once a person is convicted of a criminal offense, their constitutional rights become void because they have been deprived of their constitutional rights by the state. This deprivation occurs even if the person is not ultimately convicted of the crime.
Why does the government pursue criminal charges against a suspect, even if there are reasonable grounds to believe they may be guilty? The reason is simple: the government wants to recoup its costs and protect itself from future lawsuits related to the criminal activity. Some people may argue that the accused should be able to defend against the charges against them on their own merits. However, the accused is usually unable to retain counsel and is under a very tight financial burden. It is often impossible to mount a successful defense in court against a forfeiture proceeding initiated against an individual. In most cases, forfeiture proceeds are required to be repaid in a lump sum.
How are forfeitures determined? Property seized in connection with criminal activity can be held by a criminal law enforcement agency. When this occurs, they are generally referred to as "f Investigative Division seizures". Property seizure proceedings must be conducted through the court system unless the property involved is clearly immune from forfeiture. If the seizure is legal, the process must go through the local police department.
Once property has been seized, it is returned to the owner (usually at the proceeds of the criminal activity). However, there are certain types of civil forfeitures that are different. Seized property can be returned to the owner through a Judgment of Attraction. If there is a judgment of acquisition, then the property will be sold and the proceeds shared with the prosecutor. Judgments of possession generally require that the owner post a lien on the property.
The "type" of forfeiture in a state depends on state law. The federal government does not have a system of enforcing forfeitures. Under state law, there are several types of forfeitures. They include "encumbrances", "possession", "seizures" and "fugitives". In the words of the US Congress, "the power of the courts over criminal offenses is secured by the guarantees of the Constitution". This principle underlies all types of forfeiture, including criminal forfeiture.
There are numerous types of criminal forfeiture. Generally, crimes related to the proceeds of crime are tried in a criminal court. In most states, forfeiture laws apply only to crimes that are committed within the state. Federal forfeitures must be tried in federal court. However, state laws may extend the application of forfeiture laws to federal offenses.
The "principle of forfeiture" is important in the case of criminal prosecution. If the property being forfeiture is used for illegal purposes, then the property itself may be seized and sold. If it is used for innocent purposes, then the property itself may not be seized. This makes forfeiture law very complicated and is discussed at length in valuable detail in modern-day economics textbooks.
