By Simon N. M. Young
During this publication, that's the 1st of its style, best specialists learn the civil and felony forfeiture structures in Australia, Canada, China, eire, South Africa, the uk and the USA. within the struggle opposed to equipped crime and foreign funds laundering, there's a international development for international locations to enact forfeiture and confiscation legislation which are utilized throughout the civil technique instead of the conventional legal justice system.The authors amassed right here learn the charm those civil forfeiture legislation have for governments for his or her strength to disrupt felony companies and for his or her quantifiable merits to the country. yet with no the standard safeguards of the legal approach, civil forfeiture legislation are arguable, attracting constitutional demanding situations, relatively on human rights grounds. This publication should be of significant curiosity to policy-makers in govt, and legislation enforcement organisations who're considering reforming their very own legislation, in addition to to legislation reform companies or choose parliamentary committees the place the problem of reform is topical. it's going to additionally attract scholars in legal legislations, criminology and human rights.
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Extra resources for Civil Forfeiture of Criminal Property: Legal Measures for Targeting the Proceeds of Crime
There is no doubt that civil forfeiture substantially increases government revenue (whether general revenue or in the form of a special fund), but this does not necessarily mean that it is achieving its objectives, a matter that is much more difficult to measure. Civil forfeiture laws are not a panacea. Criminal forfeiture continues to exist, and the two regimes must work together to co-ordinate efforts. Deficiencies in either regime or in effective co-ordination and co-operation will inevitably impair the overall impact of forfeiture laws.
But the statutes, procedures and policies that govern the application of the forfeiture laws did not spring full grown from a single Act of Congress. Nor were the various statutes that were enacted piecemeal over many years accepted by the courts without scepticism or controversy. To the contrary, laws and concepts that developed slowly throughout the 19th and 20th centuries were greatly expanded in the last 20 years, applied in new contexts and subjected to close scrutiny by a sceptical judiciary.
6 billion. Only one-third of that money will be recovered through conviction-based forfeiture. 15 Civil forfeiture has spread across the common law world. Australian developments can be traced to their customs law, which in 1977 addressed drug money through an in rem forfeiture, and a working group of Attorneys General who in the mid-1980s were concerned with drug trafficking. A series of conviction-based laws were developed between 1985 and 1993. 16 A report of the Australian Law Reform Commission looked closely at the New South Wales law and subsequently the Commonwealth of Australia introduced comprehensive civil forfeiture legislation, with several states then either upgrading their own civil forfeiture legislation or introducing such legislation for the first time.
Civil Forfeiture of Criminal Property: Legal Measures for Targeting the Proceeds of Crime by Simon N. M. Young