Forfeiting Our Property Rights: Is Your Property Safe from Seizure?

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Cato Institute, Mar 1, 1995 - Political Science - 120 pages

Most people don't know it, but the government can take people's homes, cars, and money without charging them with a crime -- and the burden of recovery is on the owners! In Forfeiting Our Property Rights, Congressman Henry Hyde of Illinois examines the abuse inherent in civil forfeiture, the law that lets government take property that is merely suspected of having "facilitated" crime. Hyde shows how forfeiture law has cost innocent people their property and at least one citizen, Donald Scott, his life. In fact, over a quarter of a million Americans have had their property seized through forfeiture law. Congressman Hyde proposes an overhaul of the law to protect innocent property owners, including a shift in the burden of proof from citizen to the government and a raising of the standard the government must satisfy to seize property in the first place. This alarm on behalf of our threatened civil liberties and rights couldn't be more timely.

 

Contents

Introduction
1
1 The Crisis of Asset Forfeiture
5
2 How We Got into This Mess
17
3 The Problem with the Police
29
4 What Must Be Done
55
5 Forfeiture Reform Real and Proposed
71
Notes
85
Index
97
Copyright

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About the author (1995)

Congressman Henry J. Hyde represented the 6th Congressional District of Illinois from 1975 to 2007. He is a graduate of Georgetown University and of the Loyola University School of Law in Chicago. He has served as president of the Trial Lawyers Club of Chicago and as majority leader of the Illinois General Assembly.

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