Critics: forfeiture ruling certain to spur reform
Article Abstract:
The US Supreme Court's 5-4 decision in Bennis v. Michigan upholding a Michigan civil forfeiture law stirred widespread criticism and suggestions that federal reform efforts may get a boost from the unexpected outcome. The Court had been seen as a foe of government excesses regarding forfeiture, and this case, involving a wholly innocent co-owner of seized property, seemed to mark the next stage in protecting citizen rights. Chief Justice William Rehnquist wrote the decision, citing a long string of primarily admiralty cases in support.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Court hears 'innocent owner,' prison cases
Article Abstract:
Supreme Court decisions are likely by July 1996 in the cases of Bennis v MI, about forfeiture of innocent owners' property, and Lewis v Casey, regarding AZ inmates' access to law libraries and assistance. The justices seemed dissatisfied with suggested solutions in the case of a car only half-owned by the person whose crime led to its forfeiture. They considered standards of negligent entrustment and reasonable effort to prevent misuse of the shared property. Lewis involved lower courts' rulings against Arizona.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Rulings by justices shift the tide on forfeitures
Article Abstract:
The government lost four forfeiture challenges heard in the US Supreme Court during the 1992-1993 term, meaning the Rehnquist Court may be rethinking its pro-government stance in forfeiture cases. In Austin v. US, the most important of the four, the court held that the constitutional ban on cruel and unusual punishment applied to civil forfeiture of property acquired through illegal drug dealing as well.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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