By Simon N. M. Young
During this ebook, that's the 1st of its style, prime specialists learn the civil and legal forfeiture platforms in Australia, Canada, China, eire, South Africa, the uk and the us. within the struggle opposed to equipped crime and foreign cash laundering, there's a worldwide pattern for international locations to enact forfeiture and confiscation legislation which are utilized during the civil technique instead of the conventional felony justice system.The authors amassed the following learn the allure those civil forfeiture legislation have for governments for his or her strength to disrupt felony companies and for his or her quantifiable merits to the nation. yet with out the standard safeguards of the legal method, civil forfeiture legislation are debatable, attracting constitutional demanding situations, relatively on human rights grounds. This booklet should be of significant curiosity to policy-makers in govt, and legislation enforcement organizations who're contemplating reforming their very own legislation, in addition to to legislations reform enterprises or choose parliamentary committees the place the difficulty of reform is topical. it's going to additionally attract scholars in legal legislations, criminology and human rights.
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Additional info for Civil Forfeiture of Criminal Property: Legal Measures for Targeting the Proceeds of Crime
17 (noting that in rem forfeiture of smuggled goods served to ‘vindicate the government’s underlying property right in customs duties’); see also United States v. S. (8 Cranch) 398, at p. 405 (1814) (forfeiting cargo transferred in violation of the Non-Intercourse Act of 1809), cited in Calero-Toledo, at p. 684 n. 24. 8 See The Palmyra. S. ) at pp. 233–34. 10 Quoted in Bennis, at p. 461 n. 5 (Stevens J, dissenting); see United States v. S. 715 (hereinafter United States Coin and Currency), at pp.
See also Chapter 2 of this book; S. Cassella (2007), Asset Forfeiture Law in the United States, Huntington, NY, US: JurisNet (hereinafter Asset Forfeiture Law in US), chapters 2 and 3. Perspectives on civil forfeiture 17 extensively across the US. 14 In 2000, this and a number of other issues were addressed by the Civil Asset Forfeiture Reform Act 2000. 6 billion. Only one-third of that money will be recovered through conviction-based forfeiture. 15 Civil forfeiture has spread across the common law world.
14 See James Daniel Good, at pp. 60 and 75 (Rehnquist CJ, dissenting); see also Austin, at p.