Simple English definitions for legal terms
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Forfeiture is when the government takes away property that is connected to illegal activity. This is often used in the "war on drugs" to deter criminal activity and as a source of revenue for law enforcement. However, forfeiture has fewer protections than criminal law, which can lead to abuse.
Forfeiture can take two forms: criminal and civil. Criminal forfeiture happens after a conviction and is a punishment for a crime. Civil forfeiture is directed against the property itself, not the owner, and does not require a conviction or even a criminal charge. This makes it attractive to law enforcement but can be a threat to constitutional protections.
Examples of property subject to forfeiture include contraband, proceeds from illegal activity, and tools or instrumentalities used in the commission of a crime. Forfeiture can be challenged, but the burden of proof is often on the owner.
One example of forfeiture abuse is when police use seized property or funds to finance their own operations. In one case, a man planning to buy a shrubbery with $9,000 in cash was detained at the airport and accused of being involved in drug-related activities. The officers kept the money and refused to give him a receipt, and he could not afford to challenge the seizure in the usual way.
Forfeiture is established by statute and constrained by the U.S. Constitution. The expansion of forfeiture activity has been challenged in court, but the Supreme Court has not done much to rein in the practice. Many states have passed legislation to restrict the use of civil forfeiture, and some have outright banned it unless the owner has already received a criminal conviction for the offense that justifies seizure.