Forfeiture Actions

Question 1

What is a forfeiture action?

Answer 1

a criminal action directly against property rather than a person.

Question 2

Does the owner of personal property have right to notice and a hearing before the personal property is seized?

Answer 2

no

Question 3

When does the owner of personal property that has been seized in a forfeiture action have a right to notice and a hearing?

Answer 3

before final forfeiture of the property.

Question 4

When does the owner of real property that is intended to be seized have a right to notice and hearing?

Answer 4

before the real property is actually seized, unless there are exigent circumstances that require the land to be seized immediately.

Question 5

The Excessive Fines Clause of the Eighth Amendment only applies to what kind of fines?

Answer 5

fines intended as punishment, not civil fines.

Question 6

Are civil forfeitures subject to the Excessive Fines Clause?

Answer 6

no

Question 7

Are penal forfeitures subject to the Excessive Fines Clause?

Answer 7

yes

Question 8

When will a civil fine be subject to the Excessive Fines Clause?

Answer 8

when it it grossly disproportionate to the gravity of the offense.

Question 9

Must criminal statutes that allow for the forfeiture of property provide a defense for innocent owners of property that is seized in criminal or civil forfeiture?

Answer 9

no