Show Notes:
Episode 8. The Forge of Freedom – What is Civil Asset Forfeiture?
In this episode of the Forge of Freedom podcast, host Alex Ooley discusses the topic of civil asset forfeiture. He explains that civil asset forfeiture is a legal procedure by which law enforcement authorities seize and confiscate assets believed to be involved in criminal activity. The practice has become controversial due to concerns about due process rights and potential abuses of power. Ooley traces the history of civil asset forfeiture from medieval England to the American colonies and its use during Prohibition. He highlights the moral and constitutional issues with civil asset forfeiture and discusses reform efforts.
Takeaways
- Civil asset forfeiture is a legal procedure by which law enforcement authorities seize and confiscate assets believed to be involved in criminal activity.
- Critics argue that civil asset forfeiture violates due process rights and can lead to abuses of power by law enforcement agencies and prosecutors.
- Civil asset forfeiture has its roots in ancient law and has been used throughout history, including during Prohibition.
Reform efforts have been made to raise the standard of proof required for asset seizure and to direct forfeiture proceeds to neutral third parties. - The Supreme Court ruling in Thames v. Indiana in 2019 dealt a blow to civil asset forfeiture by affirming that the excessive fines clause applies to the states.
Sound Bites
- “Civil asset forfeiture is a law enforcement tool and a legal procedure by which law enforcement authorities seize and confiscate assets such as cash, property, and vehicles that they believe were involved in criminal activity or were acquired through criminal means.”
- “Civil forfeiture allows the government, typically the police, to seize and then keep or sell any property that is allegedly involved in a crime or illegal activity.”
- “Civil asset forfeiture has its roots in ancient law and has been used in various forms throughout history.”
Chapters
00:00 Introduction and Overview
02:20 Understanding Civil Asset Forfeiture
08:55 The Historical Roots of Civil Asset Forfeiture
11:39 The Connection to the War on Drugs
14:28 The Issues with Civil Asset Forfeiture
19:27 Reform Efforts and Victories
22:09 The Supreme Court Ruling on Civil Asset Forfeiture
22:19 Conclusion
Resources
Timbs v. Indiana:
https://www.oyez.org/cases/2018/17-1091
Civil Asset Forfeiture: 7 Things You Should Know
https://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know
A History of Civil Asset Forfeiture in America: Pirates, Mob Bosses, and the War on Drugs
Does Forfeiture Work?
https://ij.org/wp-content/uploads/2021/02/does-forfeiture-work-web.pdf
The questionable ethics of civil forfeiture
https://f3magazine.unicri.it/?p=1501
Policing for Profit
https://ij.org/report/policing-for-profit-3/
