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- Title
AN EMPIRICAL ASSESSMENT OF ASSET FORFEITURE IN LIGHT OF TIMBS v. INDIANA.
- Authors
Kelly, Brian
- Abstract
Tbe Supreme Court, in Timbs v. Indiana, extended tbe protections of tbe Eigbtb Amendment's Excessive Fines Clause to individual states. Does tbis extension represent a signijicant new constraint upon local law enforcement's use of asset Jo*iture? I ague tbat tbe landscape of asset forfeiture in tbe United States suggests tbat tbe reach of tbe decision will be modest. Using a combination of federal and state fodeiture databases, I sbow tbat tbe scope of forfeiture like& to be subject to tbe new protections is vely limited. Further, law enforcement agencies respond to incentives; tbe newly imposed constraints may be funber limited due to adaptive behavior by law enforcement More far-reaching tools for those wbo favorfodeiture reform will lie witb state legjslatures.
- Subjects
ASSET forfeiture; UNITED States. Constitution. 8th Amendment; EXCESSIVE fines (Constitutional law); LAW enforcement; ATTAINDER
- Publication
Alabama Law Review, 2021, Vol 72, Issue 3, p613
- ISSN
0002-4279
- Publication type
Article