North Carolina Jury Instruction - Forfeiture
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FAQ
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
No one can be convicted of a crime in North Carolina unless the prosecution can prove that they are guilty beyond a reasonable doubt. The term ?beyond a reasonable doubt? implies that any reasonable person would have no doubt left in their mind about a person's guilt.
Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property that may be used to compensate victims and deter crime.
A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
The Supreme Court has generally upheld the principle of civil forfeiture. ing to the Justice Department, there are three main justifications for civil forfeitures: Punishment and deterrence. To punish and deter criminal activity by depriving criminals of property used or acquired through illegal activities.
Highest bar to forfeit in most cases: In general, North Carolina has only criminal forfeiture. However, prosecutors can pursue civil forfeiture in racketeering cases, where they must prove by preponderance of the evidence that property is connected to a crime.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or (3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or (4) ...