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Young, Simon N.M. --- "Introduction" [2009] ELECD 216; in Young, N.M. Simon (ed), "Civil Forfeiture of Criminal Property" (Edward Elgar Publishing, 2009)

Book Title: Civil Forfeiture of Criminal Property

Editor(s): Young, N.M. Simon

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208262

Section Title: Introduction

Author(s): Young, Simon N.M.

Number of pages: 10

Extract:

Introduction
Simon N.M. Young
The expression `civil forfeiture of criminal property' can evoke a number of
different responses. First there is the common response of `what the hell is it?'.
This is sometimes followed by the question, `does it have something to do
with terrorism?'. It is not easy to answer the first question simply, and as for
the second question civil forfeiture includes and goes beyond the forfeiture
of property used to finance terrorism. Most countries which now have a
regime of civil forfeiture had either adopted or decided to adopt the regime
well before the tragic events of 11 September 2001. These regimes are a
response to domestic and international organized crime generally. They
primarily target the profits and proceeds of serious and organized criminal
activities as a means to eliminate such activities.
The aged and wise may wonder why we are still discussing forfeiture of
property when `it was abolished many years ago and is no longer legitimate'.
While it is true that common law jurisdictions abolished the old punishment
of general forfeiture for committing treason or a felony, this does not mean
that modern forfeiture laws are illegitimate.1 General forfeiture which
deprived a traitor or felon of all of his personal property (and sometimes his
real property as well) was clearly disproportionate punishment on the
offender and his family members. Such punishment also denied victims the
opportunity to obtain money damages from the wrongdoer. General forfei-
ture in today's world is also inconsistent ...