Difference between revisions of "Forfeiture"
From Criminal Defense Wiki
Jump to navigationJump to search (Created page with "Forfeiture is similar to restitution or fines in that the defendant suffers money damages as a result of criminal conviction. However, forfeiture attach...") |
|||
| (One intermediate revision by one other user not shown) | |||
| Line 1: | Line 1: | ||
Forfeiture is similar to [[Restitution|restitution]] or [[Fines|fines]] in that the defendant suffers money damages as a result of criminal conviction. However, forfeiture attaches to the object itself (money, boat, car, stereo) and is seen as a punishment for violation of the law. Forfeiture is a popular tool for federal prosecutors in RICO cases (Racketeer Influenced and Corruption Organizations Act) and the Continuing Criminal Enterprise Law.<ref>21 U.S.C. Section 881</ref> | Forfeiture is similar to [[Restitution|restitution]] or [[Fines|fines]] in that the defendant suffers money damages as a result of criminal conviction. However, forfeiture attaches to the object itself (money, boat, car, stereo) and is seen as a punishment for violation of the law. Forfeiture is a popular tool for federal prosecutors in RICO cases (Racketeer Influenced and Corruption Organizations Act) and the Continuing Criminal Enterprise Law.<ref>21 U.S.C. Section 881</ref> | ||
| − | Forfeitures that are disproportionate may be subject to challenge under the Excessive Fines Clause of the Eight Amendment to the United States Constitution <ref> Austin v. United States 113 S.Ct. 2801 (1993)</ref>-----See [[Sentencing]] | + | Forfeitures that are disproportionate may be subject to challenge under the Excessive Fines Clause of the Eight Amendment to the United States Constitution. <ref> Austin v. United States 113 S.Ct. 2801 (1993)</ref> |
| − | ==Notes==<references/> | + | |
| + | -----See [[Sentencing]] | ||
| + | ==Notes== | ||
| + | <references/> | ||
Latest revision as of 16:51, 16 February 2011
Forfeiture is similar to restitution or fines in that the defendant suffers money damages as a result of criminal conviction. However, forfeiture attaches to the object itself (money, boat, car, stereo) and is seen as a punishment for violation of the law. Forfeiture is a popular tool for federal prosecutors in RICO cases (Racketeer Influenced and Corruption Organizations Act) and the Continuing Criminal Enterprise Law.[1] Forfeitures that are disproportionate may be subject to challenge under the Excessive Fines Clause of the Eight Amendment to the United States Constitution. [2]
See Sentencing
