CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Sunday, August 30, 2015

Kelly on Effects of Asset Forfeiture on Policing

Brian D. Kelly (Seattle University - Department of Economics) has posted Further Results Concerning the Effects of Asset Forfeiture on Policing on SSRN. Here is the abstract:

Earlier work evaluated the association of asset forfeiture with the clearances of crimes reported to police and with the distribution of arrests by type. This paper provides further results concerning the impact of forfeiture on policing.

Asset forfeiture refers to a government seizure of assets that are the instrumentalities or fruits of a crime. Criminal forfeiture requires the criminal conviction of the owner of the assets. However, forfeiture often occurs even when a crime is not prosecuted. Under civil forfeiture, the property itself is the defendant and generally does not have the “beyond a reasonable doubt” protection afforded to people; instead, the standard of proof is usually a weaker standard, such as probable cause or preponderance of the evidence. The actual owner of the property has the status of a third party intervener and may bear the burden of proof to show that the asset is not implicated in a crime. If the seizure of an asset is not challenged by the owner, a non‐judicial, administrative forfeiture occurs. The low standards of proof, the locus of the burden of proof, and widespread use of administrative and civil forfeiture raise difficult civil rights questions. Even more controversial, however, is the fact that police agencies often can retain the cash and other assets that they seize. This has led to accusations that civil forfeiture encourages “policing for profit.”

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If you are going to pursue a case against the police state when they seize without warrant or judgment or seize assets under some guise of 'civil forfeiture', include in your pleading the claim under The Taking Clause of the Fifth Amendment. If they take it they must pay just compensation.

Posted by: Liberty1st | Aug 31, 2015 3:49:25 PM

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