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Old 10-10-2014, 03:42 PM
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Join Date: Jul 2003
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Quote:
Originally Posted by Captain Amazing View Post
Because civil and criminal forfeiture require a judicial decison, and administrative forfeiture can be challenged, at which point it has to stop and a judicial forfeiture proceeding begin
I'm not sure if this is really the reason, or it's more that the action in civil forfeiture is directed against the property itself, not the individual. The individual owner is a third party in the suit. Since the action is against property, the burden of proof is lower, probable rather than beyond a reasonable doubt. Conveniently, no conviction or even charges of a crime are necessary to conduct the asset seizure.