Year: 2025
Type: article
Abstract: Forfeiture, a potent tool in law enforcement’s battle against crime, especially organized activities, raises a legal conflict involving third parties’ rights. This includes the offender’s family, investors, creditors, property owners, and victims. Balancing criminal law objectives with civil property rights, this study explores the tension arising from forfeiture affecting innocent parties. It argues for a guided approach to forfeiting third-party property based on legal theories, seeking an optimal balance point that respects the rights of these parties. The study aims to conceptualize a cohesive theory for third-party rights in forfeiture law, enhancing judicial decisions and achieving a refined equilibrium between forfeiture crime-fighting efficacy and the protection of innocent parties.
Source: Criminal Law Forum
Authors: Shai Farber, Gal Amir, Sheila Inbar
Institutions: The Max Stern Yezreel Valley College, University of Haifa
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,290
Funder: Max Stern Yezreel Valley College
OpenAlex ID: W4413177876