NCJ Number
189684
Date Published
April 2001
Length
234 pages
Annotation
This report included a compilation of recent Federal cases under the civil and criminal forfeiture procedure and addressed the application of the Excessive Fines Clause of the Eighth Amendment to civil and criminal forfeiture.
Abstract
This report provided outlines of the civil and criminal forfeiture procedure through the compilation of recent Federal cases and included a compilation of Federal cases that addressed the application of the Excessive Fines Clause of the Eighth Amendment to civil and criminal forfeiture. The compilation did not report to contain all of the published decisions on these topics, but contained the vast majority of the cases decided since 1992 and provided a useful starting point for legal research into the topics that recur repeatedly in forfeiture litigation. The report is divided into three sections: civil forfeiture, criminal forfeiture, and excessive fines. The cases in the civil forfeiture section of this book have been completely reorganized to reflect the new procedures under the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 and cite the applicable new statutes when appropriate. The old case law was retained because it still applied to any pending case that was commenced before August 23, 2000. The criminal forfeiture section of this book contained the “old law” that was applicable under the new rule. The new rule, Rule 32.2 of the Federal Rules of Criminal Procedure, took effect on December 1, 2000 and codified much of the case law that had filled in the gaps under the old rules. The new rule contained ambiguities and would result in a deluge of new case law. The excessive fines section of this book offered a case outline on the application of the Excessive Fines Clause of the Eighth Amendment. These outlines are intended to serve as research tools and guides for Federal prosecutors.