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Full-Text Articles in Law
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
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In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
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This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.
Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner
Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner
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This article refutes the claimed historical bases for criminal law in rem forfeiture.