forfeiture rule

"Quite the contrary, on its most natural reading, the statute calls for the forfeiture rule."

There is now widespread agreement that the forfeiture rules tilt too far in favor of government power.

Under civil forfeiture rules, the Government can seize a suspect's property even if a jury has acquitted the suspect of all criminal charges.

Under the new forfeiture rules, prosecutors are required to provide details on the impact of an asset freeze on third parties not named in the indictment.

Another powerful incentive is the asset forfeiture rules, which were liberalized during the drug war to allow agencies to keep the proceeds of whatever they seize.

Given the "background understanding" that failure to raise the defense of limitations constitutes waiver, "the statute implies that the usual forfeiture rule is applicable."

Scalia considered it most important that no provision of the habeas statute would be contradicted or undermined by applying the forfeiture rule to the limitations period.

Prosecutors have countered that the forfeiture rules are the only way to guarantee that defendants in racketeering cases do not dissipate their assets before being convicted.

Because this ordinary forfeiture rule would be entirely consistent with the Habeas Rules and statutes, it should apply to the AEDPA statute of limitations.

Scalia believed the forfeiture rule could not be inconsistent with traditional habeas practice because there was no applicable statute of limitations until AEDPA was enacted in 1996.

The new forfeiture rule announced today acts as a bar to filing an initial habeas corpus petition in Federal court when, for almost any reason, a state court ruling has not been obtained.

Proportional Amount Backed The new forfeiture rules also require the Government to seek an amount proportional to the crime charged, rather than the fullest amount it can recover under the law.

"Some of my clients' guns were found in transportation stops, some were confiscated under the forfeiture rules of the Domestic Violence Act, or pursuant to a bail or court order," he said.

The court reasoned that the report of domestic violence should be admissible under the forfeiture rule codified in California Evidence Code 1370 because Giles had presumably made the declarant unavailable by murdering her.

Under section 1(1) the "forfeiture rule" is defined as "the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing."

John K. Carroll, an assistant United States attorney, said substantial progress had been made in negotiating a resolution of the pretrial forfeiture rules, which in most racketeering cases require defendants to post bond in the amounts being sought.

Under the Act, if a person loses his right to inheritance through the forfeiture rule or through disclaiming it, that person is to be treated (for purposes of determining inheritance) as having died immediately prior to the testator or intestate.

The Forfeiture Act 1982 (c. 34) is an Act of Parliament of the United Kingdom which allows for flexibility in the application of the common law rule known as the "forfeiture rule," which normally prevents people from benefiting from killing another person.