Asset Forfeiture Essay

Civil Asset Forfeiture What is forfeiture? A basic definition of forfeiture can be found nearly anywhere on the internet, including this one from Merriam-Webster, “the loss of property or money because of a breach of a legal obligation.” According to the Federal Bureau of Investigation’s website, there are two types of forfeiture, that of criminal and of civil. Criminal forfeiture typically happens after a criminal has already been charged with something after going through a legal process. They will have to give notice to the criminal, and then upon conviction, the government has rights to seize the assets in question from the offender ("Forfeiture."). It is essentially used as a form of punishment for committing a crime ("Forfeiture."). In legal terms, this is considered an in personam action, which means the action is against the person (“Asset Forfeiture” FBI). Civil forfeiture works out differently than criminal forfeiture. Civil forfeiture is considered to be in rem proceedings, which means the actions are against a thing or piece of property not a person (“Asset Forfeiture” FBI). Specifically, civil asset forfeiture is the confiscation of property by the government, which includes any form of law enforcement, when it is considered a

This argument, also simplified down, follows in the next few sentences. If we allow civil forfeiture, then our civil rights are being denied. We allow civil forfeiture. Therefore, our civil rights are being denied. This argument also follows the modes ponens form. The “P” in this case being the same as the previous argument, “we allow civil forfeiture.” The “Q” shows how the argument is against civil forfeiture, by saying “our civil rights are being denied” (King). Through the evidence that has been found against civil asset forfeiture, it is assumed that both premises are true, with the conclusion logically following, so this argument is also