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A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction. In personum actions are against the owner of property, whereas in rem actions are taken directly against the object. In rem forfeiture actions may lead to unusual or even comedic case names, such as United States v.
Senate.gov ~ Art and History ~ History. United States Senate. "The Confiscation Act". The New York Times. New York, NY. September 2, 1861. Waples, Rufus (1864). "The Confiscation Act of 1861: Brief in the Cases of the United States vs. Clark's Foundry and Others". Internet Archive. New Orleans, Louisiana: I.T. Hinton. OCLC 66895003.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities.In the United States, it is a type of criminal-justice financial obligation.It typically applies to the alleged proceeds or instruments of crime.
In a civil forfeiture case in the United States, the state is the plaintiff and a thing is the defendant—in this case, the thing is $25,180 cash that was seized by police under suspicion of being involved in illegal activity. In legal terms, it is an in rem case (against a thing) as opposed to an in personam case (against a person). Here is ...
Establishes the direct election of United States senators by popular vote. May 13, 1912 April 8, 1913 330 days 18th: Prohibits the manufacturing or sale of alcohol within the United States. (Repealed on December 5, 1933 by the 21st Amendment.) December 18, 1917 January 16, 1919 1 year, 29 days 19th: Grants women the right to vote. June 4, 1919
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
The United States Supreme Court held in Lynch v. United States, 292 U.S. 571 (1934) that valid contracts of the United States are property, and the rights of private individuals arising out of them are protected by the Fifth Amendment. The court said: "The Fifth Amendment commands that property be not taken without making just compensation.
United States 509 U.S. 602 (1993), [25] the Supreme Court ruled that the Excessive Fines Clause does apply to civil asset forfeiture actions taken by the federal government, in the specific case, the government's seizure of the petitioner's auto body shop on the basis of one charge of drug possession for which he had served seven years in prison.