Forfeiture in United States
Forfeiture Definition
A punishment annexed by law to some illegal act or negligence in the owner of lands, tenements, or hereditaments, whereby he loses all his interest therein, and they become vested in the party injured as a recompense for the wrong which he alone, or the public together with himself, hath sustained. 2 Bl. Comm. 267. A sum of money to be paid by way of penalty for a crime. 21 Ala. (N. S.) 672; 10 Grat. (Va.) 700. See “Confiscate.” Forfeiture by alienation. By the English law, estates less than a fee may be forfeited to the party entitled to the residuary interest by a breach of duty in the owner of the particular estate. 2 Bl. Comm. 274. In this country, such forfeitures are almost unknown, and the more just principle prevails that the conveyance by the tenant operates only on the interest which he possessed, and does not affect the remainderman or reversioner. 4 Kent, Comm. 81, 82, 424; 3 Dall. (Pa.) 486; 5 Ohio, 30; 1 Pick. (Mass.) 318; 1 Rice (S. C.) 459; 2 Rawle (Pa.) 168; 1 Wash. (Va.) 381; 11 Conn. 553; 22 N. H. 500; 21 Me. 372. See, also, Stearns, Real Actions, 11; 4 Kent, Comm. 84; 2 Sharswood, Bl. Comm. 121, note; Williams, Real Prop. 25; 5 Dane, Abr. 6-8; 1 Washb. Real Prop. 92, 197. Forfeiture for crimes. Under the constitution and laws of the United States (Const, art. 3, § 3; Act April 30, 1790, § 24 [1 Story, U. S. Laws, 88]), forfeiture for crimes is nearly abolished, and when it occurs, the state recovers only the title which the owner had. 4 Mason (U. S.) 174. See, also, Dalr. Feud. Prop. c. 4, pp. 145-154; Fost. Crim. Law, 95; 1 Washb. Real Prop. 92. Forfeiture by nonperformance of conditions. An estate may be forfeited by a breach or nonperformance of a condition annexed to the estate, either expressed in the deed at its original creation, or implied by law, from a principle of natural reason. 2 Bl. Comm. 281; Litt. § 361; 1 Prest. Est. 478; White & T. Lead. Cas. 794, 795; 5 Pick. (Mass.) 528; 2 N. H. 120; 5 Serg. & R. (Pa.) 375; 32 Me. 394; 18 Conn. 535; 12 Serg. & R. (Pa.) 190. Such forfeiture may be waived by acts of the person entitled to take advantage of the breach. 1 Conn. 79; 1 Johns. Cas. (N. Y.) 126; Walk. Am. Law, 299; 1 Washb. Real Prop. 454 Forfeiture by waste. Waste is a cause of forfeiture. 2 Bl. Comm. 283; 2 Inst. 299; 1 Washb. Real Prop. 118. See, generally, 2 Bl. Comm. c. 18; 4 Bl. Comm. 382; Bouv. Inst. Index; 2 Kent, Comm. 318; 4 Kent, Comm. 422; 10 Viner, Abr. 371, 394; 13 Viner, Abr. 436; Bac. Abr. “Forfeiture;” Comyn, Dig.; Dane, Abr.; 1 Brown, Civ. Law, 252; Considerations on the Law of Forfeiture for High Treason (London Ed. 1746; 1 Washb. Real Prop. 91, 92, 118, 197.
Forfeiture in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Forfeiture | Forfeiture in the World Legal Encyclopedia. |
| Forfeiture | Forfeiture in the European Legal Encyclopedia. |
| Forfeiture | Forfeiture in the Asian Legal Encyclopedia. |
| Forfeiture | Forfeiture in the UK Legal Encyclopedia. |
| Forfeiture | Forfeiture in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Forfeiture
Scan Forfeiture in the appropriate area of law:
| Link | Description |
|---|---|
| Forfeiture | Forfeiture in the Family Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the IP Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Commercial Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Criminal Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Antritrust Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Tax Law Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Forfeiture | Forfeiture in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Forfeiture in the Dictionaries | Forfeiture in our legal dictionaries |
| http://lawi.us/forfeiture | The URI of Forfeiture (more about URIs) |
| Forfeiture related entries | Find related entries of Forfeiture |
Legal Issue for Attorneys
A punishment annexed by law to some illegal act or negligence in the owner of lands, tenements, or hereditaments, whereby he loses all his interest therein, and they become vested in the party injured as a recompense for the wrong which he alone, or the public together with himself, hath sustained. 2 Bl. Comm. 267. A sum of money to be paid by way of penalty for a crime. 21 Ala. (N. S.) 672; 10 Grat. (Va.) 700. See “Confiscate.” Forfeiture by alienation. By the English law, estates less than a fee may be forfeited to the party entitled to the residuary interest by a breach of duty in the owner of the particular estate. 2 Bl. Comm. 274. In this country, such forfeitures are almost unknown, and the more just principle prevails that the conveyance by the tenant operates only on the interest which he possessed, and does not affect the remainderman or reversioner. 4 Kent, Comm. 81, 82, 424; 3 Dall. (Pa.) 486; 5 Ohio, 30; 1 Pick. (Mass.) 318; 1 Rice (S. C.) 459; 2 Rawle (Pa.) 168; 1 Wash. (Va.) 381; 11 Conn. 553; 22 N. H. 500; 21 Me. 372. See, also, Stearns, Real Actions, 11; 4 Kent, Comm. 84; 2 Sharswood, Bl. Comm. 121, note; Williams, Real Prop. 25; 5 Dane, Abr. 6-8; 1 Washb. Real Prop. 92, 197. Forfeiture for crimes. Under the constitution and laws of the United States (Const, art. 3, § 3; Act April 30, 1790, § 24 [1 Story, U. S. Laws, 88]), forfeiture for cri
mes is nearly abolished, and when it occurs, the state recovers only the title which the owner had. 4 Mason (U. S.) 174. See, also, Dalr. Feud. Prop. c. 4, pp. 145-154; Fost. Crim. Law, 95; 1 Washb. Real Prop. 92. Forfeiture by nonperformance of conditions. An estate may be forfeited by a breach or nonperformance of a condition annexed to the estate, either expressed in the deed at its original creation, or implied by law, from a principle of natural reason. 2 Bl. Comm. 281; Litt. § 361; 1 Prest. Est. 478; White & T. Lead. Cas. 794, 795; 5 Pick. (Mass.) 528; 2 N. H. 120; 5 Serg. & R. (Pa.) 375; 32 Me. 394; 18 Conn. 535; 12 Serg. & R. (Pa.) 190. Such forfeiture may be waived by acts of the person entitled to take advantage of the breach. 1 Conn. 79; 1 Johns. Cas. (N. Y.) 126; Walk. Am. Law, 299; 1 Washb. Real Prop. 454 Forfeiture by waste. Waste is a cause of forfeiture. 2 Bl. Comm. 283; 2 Inst. 299; 1 Washb. Real Prop. 118. See, generally, 2 Bl. Comm. c. 18; 4 Bl. Comm. 382; Bouv. Inst. Index; 2 Kent, Comm. 318; 4 Kent, Comm. 422; 10 Viner, Abr. 371, 394; 13 Viner, Abr. 436; Bac. Abr. “Forfeiture;” Comyn, Dig.; Dane, Abr.; 1 Brown, Civ. Law, 252; Considerations on the Law of Forfeiture for High Treason (London Ed. 1746; 1 Washb. Real Prop. 91, 92, 118, 197.
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Notice
This definition of Forfeiture Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Forfeiture
In Legislation
Forfeiture in the U.S. Code: Title 18, Part I, Chapter 46
The current, permanent, in-force federal laws regulating forfeiture are compiled in the United States Code under Title 18, Part I, Chapter 46. It constitutes “prima facie” evidence of statutes relating to Crimes and Criminal Law (including forfeiture) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.
Resources
See Also
Burden of Proof; Civil and Criminal Divide; Counsel: Right to Counsel; Criminal Justice Process; Drinking and Driving; Drugs and Crime: Legal Aspects; Federal Criminal Jurisdiction; Federal Criminal Law Enforcement; Police: Criminal Investigations; Prosecution: Prosecutorial Discretion; Sentencing: Procedural Protection.
Drugs and Narcotics.
Related Case Law
Alexander v. United States (1993).
Austin v. United States (1993).
Bennis v. Michigan (1996).
Calero-Toledo v. Pearson Yacht Co. (1974).
United States v. Bajakajian (1998).
United States v. James Daniel Good Real Property (1993).
United States v. Ursery (1996).
Further Reading (Books)
Blumenson, Eric, and Nilsen, Eva. “Policing for Profit: The Drug War’s Hidden Economic Agenda.” The University of Chicago Law Review 65 (1998): 1.
Cheh, Mary M. “Can Something This Easy, Quick, and Profitable Also Be Fair? Runaway Civil Forfeiture Stumbles on the Constitution.” New York Law School Review 39 (1994): 1-2.
Kessler, Steven L. Civil and Criminal Forfeiture: Federal and State Practice. Updated periodically. Deerfield, Ill.: West Group, 1993.
Smith, David B. Prosecution and Defense of Forfeiture Cases. New York: Matthew Bender & Co., Inc., 1981. Updated periodically.
U.S. Department of Justice. Annual Report of the Department of Justice Asset Forfeiture Program: Fiscal Years 1995 and 1996. Washington, D.C.: U.S. Department of Justice, 1996.
Further Reading (Articles)
Forfeitures, recommendations, and actions; discretion to insure justice and clemency warranted by the circumstances and appropriate for the accused, Army Lawyer; March 1, 2000; Novak, Joel A
Forfeitures help finance war on drugs, The Boston Globe (Boston, MA); March 10, 1991; Sean P. Murphy, GLOBE STAFF
Forfeiture of terrorist assets under the USA Patriot Act of 2001, Law and Policy in International Business; October 1, 2002; Cassella, Stefan D
FORFEITURE ACTIONS ENRICH LAW ENFORCEMENT, The Record (Bergen County, NJ); December 24, 2001; PAULO LIMA, Staff Writer
Pension forfeiture: A problematic sanction for public corruption, American Criminal Law Review; October 1, 1997; Jacobs, James B Friel, Coleen O’Callaghan, Edward
Forfeiture-on-Resignation Provision in Long-Term Incentive Plan Not A Restraint of Trade, Mondaq Business Briefing; January 16, 2014; Teichman, Lyle
Civil Forfeiture, Encyclopedia of the American Constitution; January 1, 2000
Expanding forfeiture without sacrificing confrontation after Crawford., Michigan Law Review; December 1, 2005; Deahl, Joshua;
Federal Forfeiture of Real Estate in Practice: A New Form of Eminent Domain?, Real Estate Issues; June 22, 2012; Wall, Patricia S. Sarver, Lee
Forfeiture Laws Heighten Lending Risks, American Banker; June 2, 1992; Finkelstein, Sheldon M.
Criminal Forfeiture Procedure: An Analysis of Developments in the Law Regarding the Inclusion of a Forfeiture Judgment in the Sentence Imposed in a Criminal Case, American Journal of Criminal Law; October 1, 2004; Cassella, Stefan D
Civil Forfeiture: Recent Supreme Court Cases, The FBI Law Enforcement Bulletin; October 1, 1996; Schroeder, William R.
Civil forfeiture: a diminishing power., Trial; April 1, 1994; Chemerinsky, Erwin
Asset Forfeiture Units, The FBI Law Enforcement Bulletin; March 1, 1993; Lombardo, Robert M.
Partial Forfeiture of Water Rights: Oregon Compromises Traditional Principles to Achieve Flexibility, Environmental Law; December 22, 1998; Koehl, Krista
Assets Forfeiture: A Study of Policy and Its Practice.(Book Review)(Book Review), The FBI Law Enforcement Bulletin; April 1, 2004; Schroeder, William R.
Asset forfeiture training stressed, Deseret News (Salt Lake City); August 19, 2004; Jennifer Dobner Deseret Morning News
A License to Steal: The Forfeiture of Property., The Yale Law Journal; January 1, 1997; Hakala, Leslie A.
Race and Civil Asset Forfeiture: A Disparate Impact Hypothesis, Texas Journal on Civil Liberties & Civil Rights; October 1, 2010; Murphy, Mary
Reshaping Environmental Criminal Law: How Forfeiture Statutes Can Deter Crime, Georgetown International Environmental Law Review; April 1, 2006; Doty, Amanda
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