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Equitable Sharing of Federally Forfeited Property

There has been opposition to civil forfeiture in some lower courts.[14] There have been attempts by lawmakers to introduce legislation to prevent abuses based on civil forfeiture procedures; one proposal was to raise the standard of proof necessary before property could be seized, and require government to prove that an owner of property was involved in an illegal criminal activity before such seizures could happen.[12] There have been class action lawsuits against authorities, such as one in East Texas by black and Latino drivers; the suit alleges that police took $3 million from 2006 to 2008 in 140 separate incidents.[32] One reform effort is to require authorities to keep better records about seized assets.[37]

In 2015, the New Mexico legislature outlawed civil forfeiture.[47] Also in 2015 a number of criminal justice reformers, including the Koch family foundations and the ACLU, announced plans to advocate the reduction of asset forfeitures due to the disproportionate penalty it places on low-income wrongdoers; the forfeiture of private property in such cases often results in the deprivation of the majority of an individual’s wealth.[53]

As civil forfeiture may not be allowed a new practice has emerged. By classifying valuables such as cars, cellphones, and wallets with cash as evidence the police can keep them and by making it very difficult and time consuming to get them back. After 120 days the police can sell the items