Criminal Forfeiture - Law Dictionary Search Results
Home Dictionary Name: criminal forfeiture Page 1 of about 28 results (0.004 seconds)criminal forfeiture
criminal forfeiture : the forfeiture of property used in committing a crime see also seize compare confiscate ...
seize
seize seized seiz·ing 1 or seise : to put in possession of property or vest with the right of possession or succession [stand seized of land] 2 : to take possession or custody of (property) esp. by lawful authority [ drugs as evidence] [the judgment of criminal forfeiture shall authorize the Attorney General to the interest or property subject to forfeiture "Federal Rules of Criminal Procedure Rule 32(b)(2)"] [can the goods subject to his security interest and…keep them in satisfaction of the debt "J. J. White and R. S. Summers"] compare foreclose, repossess 3 : to detain (a person) in such circumstances as would lead a reasonable person to believe that he or she was not free to leave [determined that the defendant was seized when surrounded by police officers] seiz·able adj ...
confiscate
confiscate -cat·ed -cat·ing : to seize without compensation as forfeited to the public treasury compare criminal forfeiture NOTE: Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by law enforcement officers. Additionally, government action that reduces the value of property to a person or entity as to make it nearly worthless has been held to constitute confiscation. Examples of such government action include the passage of zoning laws that prevent the use of land for its designated purpose and the setting of utility rates so low that the utility company cannot realize a reasonable return on its investment. con·fis·ca·tion [kÄ n-fə-skā-shən] n con·fis·ca·tor [kÄ n-fə-skā-tər] n con·fis·ca·to·ry [kən-fis-kə-tōr-ē] adj ...
Outlawry
Outlawry [fr. utlagaria, Lat.], the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Court.Outlawry has long been obsolete in civil proceedings, and is formally abolished by the Civil Procedure Acts Repeal Act, 1879 (42 & 43 Vict. c. 59), in civil proceedings. In criminal proceedings it is practically disused, but is formally kept alive by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which Act, while abolishing forfeiture for felony expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry; and the procedure in and for reversal of outlawry is given in Rules 88-110 of the Crown Office Rules of 1906.The maxim applicable to outlaws is, 'let them be answerable to all, and none to them.' Utlagatus est quasi extra legem positus; caput gerit lupinum. 7 Co. 14, (An outlaw is, as it were, placed outside the law; he bears the head of a wolf.) Accordingly, any person outlawed is civiliter mortuus. He c...
forfeiture
forfeiture 1 : the loss of a right, money, or esp. property because of one's criminal act, default, or failure or neglect to perform a duty compare waiver 2 : something (as money or property) that is forfeited as a penalty ...
Autrefois attaint
Autrefois attaint (formerly attainted), an ancient plea in criminal cases (as to which see (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), s. 4), obsolete after the Forfeiture Act, 1870, see ATTAINDER....
Cause
Cause, a suit or action; motive or reason; that which produces an effect.Includes any action, suit or other original proceeding between a plaintiff and defendant. Generally speaking, discovery is granted there in all proceedings except purely criminal proceedings, and civil proceedings where the action is brought merely to establish a forfeiture or enforce a penalty, M.L. Sethi v. R.P. Kapur, (1973) 1 SCR 697: (1972) 2 SCC 427: AIR 1972 SC 2379 (2382). (Civil P.C. 5 of 1908)Cause, involves some degree of dominance or control, or some express or positive mandate, from the person 'causing' McLeod (or Houston) v. Buchanan, (1940) 2 All ER 179, Halsbury's Laws of England, Vol. 3(2), para 698, p. 379....
Sanctuary
Sanctuary, privilege of, existed in England from a period commencing soon after the conversion of the Saxons to Christianity. Its effect was that a person accused of any crime except treason or sacrilege might by flying to any church or churchyard, or even to certain other places in Westminster, Wells, Norwich, or York, or in London to Whitefriars or the Savoy, within forty days, on confession and taking oath of abjuration of the realm (see ABJURATION), escape to a foreign country, under the disability of not being able to return without the royal licence. If arrested during the forty days, he might put in the plea of Sanctuary. The privilege extended to civil as well as criminal process, but was attended by attainder of blood and forfeiture of goods.Sanctuary and abjuration were abolished in 1625 by 21 Jac.1, c. 21, after having been restricted by 26 Hen. 8, c. 13, 27 Hen. 8, c. 19, and 39 Hen. 8, c. 12.Means an area declared as a sanctuary by notification under the provisions of Chap...
Criminal proceeding
Criminal proceeding, a criminal proceeding is ordinarily one in which if carried to its conclusion it may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. It also includes proceedings in which in the larger interest or the state, orders to prevent apprehended breach of the peace, orders to bind down persons who are a danger to the maintenance of peace and order, or orders aimed at preventing vagrancy are contemplated to be passed, S.A.L. Narayan Row v. Ishwarlal Bhagwandas, AIR 1965 SC 1818 (1821): (1966) 1 SCR 190. [Constitution of India, Art. 134(1)]The exclusionary clause in s. 5 is to be interpreted as a whole and 'criminal proceedings' means a criminal inquiry or a trial before a court and the 'accused' means a person actually arraigned, that is, put on a trial, Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938 (944). (Oaths Act, 1873, s. 5)...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
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