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20% · Q4/20
Question 4 of 20

What is civil asset forfeiture and why has it generated significant legal controversy?

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Explanation
Civil asset forfeiture is a legal process separate from a criminal prosecution where the government files a civil action against the property itself (case names are literally things like 'United States v. $173,000 in U.S. Currency'). Because it is civil, not criminal, the standard of proof is lower and owners are not entitled to a free attorney even if they cannot afford one. Many agencies, particularly at the federal level, share forfeiture proceeds with local police departments (equitable sharing), creating financial incentives to seize property. More than 30 states have passed reforms requiring a criminal conviction before forfeiture, and states like New Mexico have abolished civil forfeiture entirely for most offenses.
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