Legal tactic compels suspicion ... or else
Article Abstract:
Civil forfeiture generates much revenue for federal and state governments and most of the constitutional protections which apply in criminal law do not apply. Under many laws, the government need only demonstrate probably cause for believing that a misuse of the property has occurred. Some of the laws provide for an innocent owner defense. The Supreme Court case of Calero-Toledo v. Pearson Yacht Leasing Co. allows owners to claim innocence only when they have taken all reasonable measures to prevent illegal use of their property. Constitutional rights should not require private citizens to undertake police duties.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Ambiguous proof of conspiracy burdens the courts
Article Abstract:
The federal circuit courts do not agree on the allocation of burden of proof in circumstantial evidence cases, and have discussed and applied the test for assessing the evidence of circumstantial evidence of a conspiracy at the summary judgment stage of a case brought under Section 1 of the Sherman Act. The Supreme Court has, hoever, restricted the inferences that may be drawn in antitrust cases largely based on circumstantial evidence, and with its Monsanto/Matsushita test developed a strict test for surviving summary judgment motions.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Tougher standard of proof needed for forfeiture
Article Abstract:
A tougher standard of proof than probable cause is needed for forfeiture. Due process of law mandates that the burden of proof for civil forfeiture be less than beyond a reasonable doubt but more than probable cause. More than 40 states require clear and convincing evidence or a preponderance of the evidence. The history of statutory forfeiture schemes did not involve the kinds of forfeitures in effect today. The remedy changed as a way of dealing with narcotics offenses.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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