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Articles 1 - 4 of 4
Full-Text Articles in Law
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Law Student Publications
Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack …
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
University of Richmond Law Review
The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Michigan Journal of Gender & Law
Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
Faculty Publications
At a time when anti-government sentiment is running high in some quarters, the U.S. Supreme Court is considering several cases on the hot-button issue of government seizure of private property linked to crimes, known as asset forfeitures.