| 词汇 | FORFEITURE4 |
| 释义 | `1`FORFEITURE4 `2` "Legal Lexicon": The owner's culpability is also relevant because it is the owner who is punished by the forfeiture. Zumirez Drive, 845 F.Supp. at 736; see Austin, 113 S.Ct. at 2810-1. The culpability of the owner should include consideration of the following factors: (1) whether the owner was negligent or reckless in allowing the illegal use of his property; or (2) whether the owner was directly involved in the illegal activity, and to what extent; and (3) the harm caused by the illegal activity, including (a) (in the drug trafficking context) the amount of drugs and their value, (b) the duration of the illegal activity, and (c) the effect on the community. 'The extent of the Government's financial stake in drug forfeiture is apparent from a 1990 memo, in which the Attorney General urged U.S. Attorneys to increase the volume of forfeitures in order to meet the Department of Justice's annual budget target . . . .' Good, 114 S.Ct. at 502 n.2. The 'war on drugs' has resulted in an enormous increase in federal asset forfeitures in the last decade. The federal government's annual net gain from all types of forfeitures grew from $27 million in 1985 to $531 million in 1992. Between 1985 and 1993, the Department of Justice seized $3.2 billion worth of assets. These assets include 'homes, land, businesses, currency, cars, planes, yachts, and livestock.' Pollack. State and local governments also benefit from federal forfeitures. In recent years, the Department of Justice has transferred $1.2 billion in cash and property to over 3,000 state and local agencies. The most recent GAO estimate ('92) puts the federal government's total forfeiture inventory at $1.9 billion. Civil forfeitures are thus a substantial source of revenue for both federal and local governments. Forfeiture is a punishment annexed by law to some illegal act or negligence, in the owner of lands, tenements or hereditaments, whereby he loses all his interest therein and they become vested in the party injured, as a recompense for the wrong which he alone or the Public together with himself, hath sustained. Lands, tenements and hereditaments, may be forfeited by various means: 1. By the commission of crimes and misdemeanors. 2. By alienation contrary to law. 3. By the non-performance of conditions. 4. By waste. Forfeiture For Crimes. By the Constitution of the U.S., Art.III, S.III, it is declared that no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. And by the Act of April 30, 1790, it is enacted, that no conviction or judgment for any of the offences aforesaid, shall work corruption of blood or any forfeiture of estate. As the offences punished by this act are of the blackest dye, including cases of treason, the punishment of forfeiture may be considered as being abolished. The forfeiture of the estate for crime is very much reduced in practice in this country and when it occurs, the stater takes the title the party had and no more. Forfeiture By Alienation. By the English law, estates less than a fee may be forfeited to the party entitled to the residuary interest by a breach of duty in the owner of the particular estate. When a tenant for life or years, therefore, by feoffment, fine or recovery, conveys a greater estate than he is by law entitled to do, he forfeits his estate to the person next entitled in remainder or reversion. In this country, such forfeitures are almost unknown and the more just principle prevails, that the conveyance by the tenant operates only on the interest which he possessed and does not affect the remainder-man or reversioner. Forfeiture By Non-Performance Of Conditions. An estate may be forfeited by a breach or non-performance of a condition annexed to the estate, either expressed in the deed at its original creation or impliedly by law, from a principle of natural reason. Forfeiture By Waste. Waste is also a cause of forfeiture. Go to FORFEITURE5 |
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