Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey
Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey
Journal Articles
In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule
Journal Articles
Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …