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Simple English definitions for legal terms

civil forfeiture

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A quick definition of civil forfeiture:

Civil forfeiture is when the government takes away someone's property if they believe it was involved in a crime or illegal activity, even if the owner was not arrested or convicted of a crime. The government does not have to prove that the owner did anything wrong, but the owner has to prove that their property was not involved in any illegal activity. This process is done against the property itself, not the owner. Some people think it's a good way to stop criminals, but others think it's unfair and can lead to abuse of power by the government.

A more thorough explanation:

Civil forfeiture is a legal process that allows the government, usually the police, to take and keep or sell any property that is believed to be involved in a crime or illegal activity. The owner of the property does not need to be arrested or convicted of a crime for their property to be taken away permanently by the government.

For example, if the police suspect that a car was used to transport drugs, they can seize the car even if the owner was not arrested or convicted of a crime. The burden of proof then shifts to the owner, who must prove that the car was not involved in any illegal activity.

Civil forfeiture is controversial because it is seen as an unconstitutional exercise of government power. Critics argue that innocent owners can become entangled in the process and are presumed guilty instead of being presumed innocent. Critics also argue that the incentives lead to corruption and law enforcement misbehavior and abuse.

The Supreme Court has addressed the constitutional implications of civil forfeiture in several cases. In 1993, the U.S. Supreme Court ruled in Austin v. United States that a forfeiture could be considered an excessive fine in violation of the Eighth Amendment but declined to establish a multi-factor test to determine whether a forfeiture is constitutionally excessive. Otherwise, the ruling upheld civil forfeiture as a practice, within undefined limits.

Civil forfeiture is codified in 18 U.S.C. §§ 981, 983, 984, and 985, as well as in 21 U.S.C. § 881.

Overall, civil forfeiture is a legal process that allows the government to seize property that is believed to be involved in a crime or illegal activity. While it is seen as an effective tool against criminal organizations, it is also controversial and has been criticized as an unconstitutional exercise of government power.

civil code | civil law

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12:53
holy shit @scorediot i thought you meant there was an app with a question about taiwan
1a2b3c4d26z
12:53
@JumpySubsequentDolphin: I applied last week (I think...) and didn't have a date today. I'm UR
JumpySubsequentDolphin
12:53
i cant remember whether i had a date this is misery inducing
@SirEggan: he was baiting you. it’s a mean spirited question
the whole definition debate is so wild its the same as labels like. as long as its not hurting anyone let ppl do what they want
12:54
end trans privelage
12:54
obviously sarcsm btw
i was furiously typing a response btw
HopefullyInLawSchool
12:55
Ok another hot topic, Global Warming is it real? I think it is and a very important issue
JumpySubsequentDolphin
12:55
aint no way we're debating global warming here
HopefullyInLawSchool
12:55
did yall like my pun?
the ocean is boiling as we speak
yes it is
soapy
12:56
Uhhhm, acktually, i was cold yesterday. take that, silly scientists!!
12:56
@KnowledgeableRitzyWasp: ah ok lol i see. i figured but also i like to give my answer anyway because they're not going to like it whether i say a definition or i don't. might as well share anyway. if i don't share then it seems like i'm not proud and strong in my beliefs
HopefullyInLawSchool
12:56
Hot Topic, Global Warming
12:56
global warming is fake, it was a hoax started by big justice to trick aj and mother of big justice to bring him to costco for more chicken bake
JumpySubsequentDolphin
12:56
i had to wear a jacket yesterday... where is this global warming that the liberals speak of. i would certainly like some
HopefullyInLawSchool
12:56
no one?
HopefullyInLawSchool
12:56
):
@SirEggan: fair enough
i cannot believe big justice aj and the rizzler were on jimmy fallon
u can see he hated them so bad
costco guys is child abuse
HopefullyInLawSchool
12:57
Any Ave Maria waves (Day three of asking)
that child can barely breathe
13:01
lol look at what that does to north atlantic current too
13:02
We are not "not close" to the extinction of all marine life
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