Institute of Justice Ranks New Mexico a ‘D+’ on Forfeiture Law

From the Institute of Justice report, Policing for Profit:

 

Grade 540x89 Institute of Justice Ranks New Mexico a D+ on Forfeiture Law

 

Even after a reform effort in 2002, New Mexico’s civil forfeiture laws still do not offer adequate protections for property owners. To secure a civil forfeiture, the government must prove, by clear and convincing evidence, that property is related to criminal activity and thus subject to forfeiture. This is a higher standard than most states but still lower than proof beyond a reasonable required to establish criminal guilt. Moreover, in most instances, property owners have the burden of proof for innocent owner claims. And law enforcement may still receive 100 percent of the proceeds from any forfeiture.

Graph 1 540x219 Institute of Justice Ranks New Mexico a D+ on Forfeiture Law

Graph 2 316x540 Institute of Justice Ranks New Mexico a D+ on Forfeiture Law

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One comment on “Institute of Justice Ranks New Mexico a ‘D+’ on Forfeiture Law
  1. Barry Jaynes says:

    The story on the Skinners is disturbing. What steps were taken to get money returned to them. Please be as specific as you can be.

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