Read complete books and articles on: Civil and Criminal Forfeiture

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12 of the Best Books and Articles on: Civil and Criminal Forfeiture

as selected by Questia librarians

1.

A License to Steal: The Forfeiture of Property » Read Now
by Leonard W. Levy. 272 pgs.

Collections: Entire Library

The laws of forfeiture dictate that the government may confiscate property that has been associated with the commission of a crime. In the 1970's and 1980's, law enforcement agencies increasingly used this controversial tactic and, as a result, reaped tremendous financial profit. In A License to...
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The laws of forfeiture dictate that the government may confiscate property that has been associated with the commission of a crime. In the 1970's and 1980's, law enforcement agencies increasingly used this controversial tactic and, as a result, reaped tremendous financial profit. In A License to Steal, Leonard W. Levy traces the development and implementation of forfeiture and contends that it is a questionable practice that, because it is so often abused, serves only to undermine civil society.
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2.

Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Chap. 6 "Forfeiture: The Flip Side of Rights") » Read Now
by Richard A. Epstein. 360 pgs.

Collections: Philosophy, Entire Library

Epstein (law, U. of Chicago) defends the principles of limited government and argues that it can work to the advantage of almost all of society. He warns, however, that a careful dilution of pure laissez-faire policies is necessary to balance a powerful economic engine with individual liberty. He...
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Epstein (law, U. of Chicago) defends the principles of limited government and argues that it can work to the advantage of almost all of society. He warns, however, that a careful dilution of pure laissez-faire policies is necessary to balance a powerful economic engine with individual liberty. He analyzes the interaction of law and social norms, and highlights a handful of restraints that he says provide a moral foundation to a resilient and adaptive capitalist system.
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3.

Drug Warriors and Their Prey: From Police Power to Police State (Chap. 3 "Confiscation") » Read Now
by Richard Lawrence Miller. 255 pgs.

Collections: Entire Library

The war on drugs is a war on ordinary people. Using that premise, historian Richard Lawrence Miller analyzes America's drug war with a passion seldom encountered in scholarly writing. Miller presents numerous examples of drug law enforcement gone amok, as police and courts threaten the happiness...
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The war on drugs is a war on ordinary people. Using that premise, historian Richard Lawrence Miller analyzes America's drug war with a passion seldom encountered in scholarly writing. Miller presents numerous examples of drug law enforcement gone amok, as police and courts threaten the happiness, property, and even lives of victims - some of whom are never charged with a drug crime, let alone convicted of one. Miller not only argues that criminal justice zealots are harming the democracy they are sworn to protect, but that authoritarians unfriendly to democracy are stoking public fear in order to convince citizens to relinquish traditional legal rights. Those are the very rights that thwart implementation of an agenda of social control through government power. Miller contends that an imaginary "drug crisis" has been manufactured by authoritarians in order to mask their war on democracy. He not only examines numerous civil rights sacrificed in the name of drugs, but demonstrates how their loss harms ordinary Americans in their everyday lives. Showing how the war on drug users fits into a destruction process that can lead to mass murder, Miller calls for an end to the war before it proceeds deeper into the destruction process.
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4.

Global Drug Enforcement: Practical Investigative Techniques ("Federal, Civil, and Criminal Forfeitures" begins on p. 269) » Read Now
by Gregory D. Lee. 412 pgs.

Collections: Entire Library

Global Drug Enforcement: Practical Investigative Techniques provides basic and advanced techniques for conducting modern drug investigations. With coverage of source countries, drug identification, conspiracy investigations, clandestine laboratories, drug intelligence, and money laundering, the book...
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Global Drug Enforcement: Practical Investigative Techniques provides basic and advanced techniques for conducting modern drug investigations. With coverage of source countries, drug identification, conspiracy investigations, clandestine laboratories, drug intelligence, and money laundering, the book includes the drug-specific topics that every detective assigned to a drug investigation unit must know. The chapter on drug identification not only explains the drugs of abuse all law enforcement officers are likely to encounter, such as heroin, marijuana, and cocaine, but also contain in-depth information about methamphetamine, PCP, and the emerging club drug, Ecstasy, GHB, and Ketamine.
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5.

Federal Criminal Law Doctrines: The Forgotten Influence of National Prohibition (Chap. 6 "Property Forfeitures: Interpreting The Language of the Volstead Act") » Read Now
by Kenneth M. Murchison. 282 pgs.

Collections: Entire Library

...insensitivity to the civil liberties of unpopular...Court tolerated criminal prosecutions based...expanded the rights of criminal defendants by rediscovering...power to...
6.

Auspices of Austin: Examining Excessivenss of Civil Forfeitures Under the Eighth Amendment, in American Criminal Law Review » Read Now
by Jerome Spencer. 28 pgs.

Collections: Entire Library

...possible criminal sanction...bringing the civil forfeiture, the government...in a true criminal prosecution...him in a civil forfeiture proceeding...applicable to criminal...
7.

Hoisted by Their Own Petard: Adverse Inferences in Civil Forfeiture, in Journal of Criminal Law and Criminology » Read Now
by Shannon T. Noya. 37 pgs.

Collections: Entire Library

...Since forfeiture proceedings are civil actions...protections of criminal proceedings...rights awarded criminal defendants...problematic in civil forfeiture...
8.

Narrowing the Scope of Civil Drug Forfeiture: Section 881, Substantial Connection and the Eighth Amendment, in Michigan Law Review » Read Now
by James B. Speta. 46 pgs.

Collections: Entire Library

...or continuing criminal enterprise 11 statutes. Civil forfeiture, however, carries...government abuse. In civil forfeiture, a criminal conviction is not...acknowledging that...
9.

The Supreme Court Rejects Fifth and Fourteenth Amendment Protection Against the Forfeiture of an Innocent Owner's Property, in Journal of Criminal Law and Criminology » Read Now
by Jami Brodey. 27 pgs.

Collections: Entire Library

...purpose of civil forfeiture and the history...context of criminal proceedings...civil or criminal in nature...addressed whether civil forfeiture generally...civil and...
10.

Go Directly to Jail, Do Not Pass Go, Do Not Keep House, in Journal of Criminal Law and Criminology » Read Now
by Matthew Costigan. 36 pgs.

Collections: Entire Library

...determine that both the civil forfeiture and criminal conviction of Ursery...support a finding that the civil forfeiture and criminal prosecution constituted...forfeiture...
11.

Pension Forfeiture: A Problematic Sanction for Public Corruption, in American Criminal Law Review » Read Now
by James B. Jacobs, Coleen Friel, Edward O'Callaghan. 36 pgs.

Collections: Entire Library

...protected against forfeiture, even for a criminal act involving a...issues, that pension forfeiture is not punishment in the criminal sense, but rather...retired prior to...
12.

Pleas, Plain Language and Precedent: Applicability of Rules 11(f) and 31(e) to Criminal Forfeiture Provisions, in Journal of Criminal Law and Criminology » Read Now
by Angela Crawford. 30 pgs.

Collections: Entire Library

...Regarding Forfeiture by Settlement...Bargaining in civil and Criminal Actions...stating that criminal forfeiture authorized...that in the civil forfeiture...Regarding...