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I heard about a defendant's car and boat being taken by the police. Was this a fine of some sort?
Technically, confiscation isn't a fine, though it might feel that way to the defendant. The defendant’s property was probably
taken as part of a civil forfeiture proceeding, separate from the criminal
case, in which the government takes property used as part of criminal
activities. For example, cars used by people who hire prostitutes may be forfeited, and the land on which marijuana is grown can also be forfeited under federal law.Civil forfeiture is not punishment, and therefore forfeiture
proceedings do not violate the prohibition against double jeopardy (U.S. v.
Ursery, U.S. Sup. Ct. 1996). In other words, a defendant can be convicted of the underlying crime and given the usual punishments, in addition to losing his car, boat, or land.
by: Janet Portman
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