Document Type
Article
Media Type
Text
Abstract
This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture then that rationale is applied to the facts of Bennis v. Michigan. After establishing that the exigencies historically thought necessary to justify asset forfeiture are not present in Bennis, the author determines the Supreme Court improperly applied precedent and instead should have conducted a due process analysis. The author argues that had the Supreme Court conducted that analysis, the Court would have held Michigan's asset forfeiture scheme to be irrational and, therefore, invalid. The note ends with a brief discussion on the practical impact of Bennis.
First Page
357
Last Page
376
Publication Date
5-1-1997
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Labedz, Ronald F.
(1997)
"Innocents Beware: Has Bennis v. Michigan Made Asset Forfeiture Too Easy?,"
Northern Illinois University Law Review: Vol. 17:
Iss.
2, Article 2.
Suggested Citation
Ronald F. Labedz, Note, Has Bennis v. Michigan Made Asset Forfeiture Too Easy?, 17 N. Ill. U. L. Rev. 357 (1997).
