Asset Forfeiture: Giving up Your Constitutional Rights

This article will discuss both criminal and civil forfeiture, the related issues and recent developments as well as the unique issues presented when a civil forfeiture action follows a criminal action in the same case. Section I will provide a brief history of forfeiture and the current status of the law in this area. Section II will illustrate the procedures which the government follows in forfeiture actions. Section III will discuss the defenses against forfeiture. Section IV will discuss how forfeiture has survived the many constitutional challenges. The last two sections illustrate how Congress has balanced the need for powerful weapons in combating crime against the constitutional rights of this country and found the balance in favor of forfeiture