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[Solution]I need help with (Courts and Sentencing) HW

by | Jul 18, 2022 | Recent Orders

The  Supreme  Court  placed some limits on governmental forfeiture power in Aus-tin v. United States,1993. In that case, a South Dakota man had his mobile home and auto body shop seized after being convicted of selling two grams of cocaine. The Court unani-mously ruled that the amount seized—almost $43,000—was disproportionate to the crime. But the Court has nonetheless upheld the seizure of property from innocent owners over due process challenges (Bennis v. Michigan,1996; United States v. Ursery, 1996).After years of debate, Congress passed the Civil Asset Forfeiture Act of 2000. Prior to the Act’s passage, property owners had been required to prove that their property was not  subject  to  forfeiture.  Today,  however,  the  government  must  prove—by  a  preponderance  of  the  evidence—that  property is subject to forfeiture. The Act also awards attorneys’ fees to those who successfully challenge confiscation of property. Research  concludes  that  there  is  no  clear  answer  to  whether asset forfeiture encourages policing for profit. How-ever,  one  study  found  that  local  law  enforcement  agencies  circumvent  restrictive  state  laws  (those  placing  limits  on  the  proceeds  they  can  receive)  by  teaming  up  with  federal  officials  to  receive  equitable  sharing  payments  (Worrall  &  Kovandzic, 2008).The debate over asset forfeiture crosses traditional ideological lines. Due process advocates want limits on asset forfeiture because they think that innocent people end up being presumed guilty. Similarly, crime control supporters also want strong  restrictions  on  asset  forfeiture  because  they  think  it  improperly gives the government too much authority over important property rights.


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