Prosecution and Defense of Forfeiture Cases

• NCJ Number: 134607
• Author(s): D B Smith
• Date Published: 1991
• Length: 1466 pages
• Sale Source: Matthew Bender and Co, Inc
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Volumes 1 and 2

Annotation

This supplemental volume provides case material and discussion to accompany a treatise on the prosecution and defense of forfeiture cases.

Abstract

This volume discusses the role of forfeiture in Federal law enforcement in terms of the traditional incarceration strategy and the advantages of civil forfeiture over criminal prosecution. The chapters on civil forfeiture cover the nature and origins of in rem forfeitures, the scope of civil forfeitures, civil forfeitures in narcotics cases and other civil forfeiture statutes, and administrative forfeitures. Other topics covered include agency authority to terminate or settle forfeiture proceedings, preserving the value of the property after seizure, commencement of civil forfeiture proceedings, pretrial and trial proceedings, and defenses to civil forfeiture. The second volume of this supplement deals with criminal forfeiture. It examines the nature and scope of criminal forfeiture and procedure in criminal forfeiture cases. A subsequent section analyzes administrative relief from forfeitures in the forms of remission and mitigation. The final chapter outlines State forfeiture statutes in New York, Florida, and Texas