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Asset Forfeiture Not So Helpful to Crime-Fighting
Loaded on Dec. 18, 2019
by Edward Lyon
published in Criminal Legal News
January, 2020, page 41
Filed under:
Forfeiture.
Location:
United States of America.
by Ed Lyon
The two supreme governmental systems in the U.S. are the overall federal government and the lesser, yet still quite powerful 50 state governments. The federal Constitution and its amendments delineate certain powers exclusive to the federal government while limiting some of its powers and ceding all other ...
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More from this issue:
- News in Brief
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Seventh Circuit Holds Indiana Pointing a Firearm and Intimidation Convictions No Longer Qualify Under ACCA After Johnson, by Pat O'Connell
- Asset Forfeiture Not So Helpful to Crime-Fighting, by Edward Lyon
- New York Court of Appeals Overturns Murder Conviction, Finds Prosecutor Withheld Critical Video Evidence in Violation of Brady Obligations, by Dale Chappell
- Tennessee Supreme Court Reverses Conviction Because Trial Court Refused to Give ‘Necessity’ Jury Instruction Because Defendant Never Testified About Mental State, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Denial of Safety-Valve Relief, by Douglas Ankney
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, by Douglas Ankney
- California Court of Appeal: Equal Protection Requires Pretrial Detainees on Home Confinement Be Eligible for Good Conduct Credits, by Douglas Ankney
- U.S. Supreme Court ‘Death Caucus’ Setting Death Penalty Litigation Tone, by Kevin Bliss
- Georgia Supreme Court: Warrantless Search of Vehicle’s Airbag Control Module is Unconstitutional, by Douglas Ankney
- Seventh Circuit Vacates Sentence Because Sentencing Judge Should Have Recused Himself Due to Ex Parte Communications with U.S. Attorney’s Office, by Douglas Ankney
- Santa Didn’t Create Naughty Cops List, But It’s Worth Checking Twice, by Douglas Ankney
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, by Douglas Ankney
- Seventh Circuit Reaffirms Sex Trafficking and Kidnapping Are not Violent Felonies for 924(c) After Davis, by Dale Chappell
- Supreme Court of Hawai’i Rules Presenting Falsified Polygraph Results Is Coercive Per Se, by Douglas Ankney
- Sixth Circuit Holds Career Offender Status Does not Bar Retroactive FSA Relief Under First Step Act, by Dale Chappell
- Using Algorithms to Erase Pot Convictions in California, by Douglas Ankney
- Colorado Supreme Court Announces Clarifications and Modifications to Proportionality Review Standard as Applied to Habitual-Offender Sentences, by Douglas Ankney
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- NJ Supreme Court: Confession not Voluntary Where Police Tell Suspect Truth Would Set Him Free, Promise Him Counseling Instead of Jail, and Minimize Seriousness of Offenses, by Douglas Ankney
- Eleventh Circuit: Conspiracy to Commit Hobbs Act Robbery not a Crime of Violence Under 18 U.S.C. § 924(c), by Douglas Ankney
- Third Circuit Grants Habeas Relief in Loss of GBMI Plea in Pennsylvania Court Due to IAC, Announces New Rule, by Dale Chappell
- Washington Supreme Court: Failure to Pay Fines Don’t Increase Sentencing Score, by Anthony Accurso
- Harmless Error: Explained, by Gabe Newland
- On Remand from Supreme Court, Eleventh Circuit Holds in Specific Circumstances an Ake Violation Constitutes Structural Error, by Douglas Ankney
- Refusing to Permit Attorney to Make Offer of Proof Is Abuse of Discretion, Says Indiana Supreme Court, by Douglas Ankney
- Police Use of Rapid DNA Machines Unregulated, by Jayson Hawkins
- Tenth Circuit Holds Davis Retroactive, Retaliation Against a Witness Not Crime of Violence Under § 924(c), by Dale Chappell
- Perils of Risk Assessment Tools in Criminal Justice, by Jayson Hawkins
- If It Saves More Than One Child, by Sandy Rozek
- U.S. District Court Holds Hobbs Act Robbery not Crime of Violence for § 924(c), Grants § 2255 Motion, by Dale Chappell
- From the Editors
- Fourth Circuit: Ineffective Assistance of Counsel in Death Penalty Case for Failure to Investigate Fetal Alcohol Syndrome as Mitigating Factor During Sentencing Phase, by Chad Marks
- Hawai’i Supreme Court Announces New Rule Requiring Both Judges and Juries to Consider Numerous Factors in Witness ID Cases, by Dale Chappell
- Insurance Companies Are Paying Cops To Investigate Their Own Customers, by Kendall Taggart
More from Edward Lyon:
- “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee, May 1, 2024
- Texas Prisons are Fire Traps, July 15, 2023
- The World’s Biggest Prison, July 15, 2023
- Civilian Police With Military Equipment, June 15, 2023
- U.S. Prisoner Numbers Slowly Declining, June 15, 2023
- California Easing Housing Hurdles for Released Prisoners, June 1, 2023
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, May 1, 2023
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, May 1, 2023
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, May 1, 2023
- New York State’s Veterans Treatment Courts, April 15, 2023
More from these topics:
- Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, Sept. 1, 2024. Forfeiture.
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, Feb. 15, 2024. Forfeiture, Forfeiture Money Judgments, Jury Trial.
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, Feb. 15, 2024. Forfeiture.
- Houston Prosecutors Profit Millions From Cash Illegally Seized, April 15, 2023. Seizure of Prisoner Funds, Forfeiture.
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, Jan. 15, 2023. Forfeiture, Federal Funds.
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, Jan. 15, 2023. Forfeiture.
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, Dec. 15, 2022. Forfeiture, Sentence and Judgement.
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, May 15, 2022. Forfeiture.
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, May 15, 2022. Settlements, Forfeiture, Civil Asset Forfeiture Reform Act (CAFRA), Transportation Security Administration (TSA).
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, May 1, 2022. Forfeiture.