Allegheny Pennsylvania Jury Instruction - RICO - Supplemental Instruction On Forfeiture Issues After Guilty Verdict
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FAQ
At trial, a prosecutor must prove the following in order for forfeiture to occur: the property was used to commit a crime or bought with money gained illegally, and. the property owner (claimant) was not an innocent owner, and he/she knew that a crime was being committed and agreed to it.
Civil forfeiture allows police to seize and then keep or sell any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
Typically in federal drug trafficking indictments there will be a criminal forfeiture allegation addended as the last or final count, alleging forfeiture of the vehicle or real property where the drugs were found, or any cash or weapons or other property found in conjunction thereof.
Which of the following are typically part of the instructions given to the jury before deliberations? To consider only the facts presented; To apply the facts to the law.
Forfeiture takes two distinct forms: criminal and civil. Criminal forfeiture operates as punishment for a crime. It therefore requires a conviction, following which the state takes the assets in question from the criminal.
Proof beyond a reasonable doubt is the highest standard in the American criminal justice system. But the typical standard in most civil cases, including civil forfeiture, is mere preponderance of the evidence.
There are two types of forfeiture (confiscation) cases, criminal and civil.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
In criminal forfeiture, the government takes property after obtaining a conviction, as part of the defendant's sentence. In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime.