What is the difference between civil and criminal forfeiture?

In Oregon, civil and criminal forfeiture are two distinct legal concepts. Criminal forfeiture is a punitive form of confiscation of property by the state through judicial proceedings. It applies to property that was used in aiding, abetting, or participating in a criminal activity. In these cases, the court may legally forfeit a person’s property to the state after the defendant has been found guilty of a crime. Civil forfeiture, on the other hand, occurs when property is confiscated by the government based on suspicion that the property is connected to illegal activity, without judicial proceedings or even criminal charges being filed. Generally, the government must first prove by a preponderance of the evidence that there is a connection between the property and the activity in order to forfeit it. The main difference between civil and criminal forfeiture is that criminal forfeiture requires a conviction before the state can take ownership of the property, while civil forfeiture does not require a conviction or criminal charges to be filed. Also, criminal forfeiture proceedings are adjudicated in criminal court, while civil forfeiture proceedings are adjudicated in civil court. Finally, the burden of proof is higher for criminal forfeiture than for civil forfeiture. In criminal forfeiture cases, the government must prove the defendant’s guilt beyond a reasonable doubt, while the burden of proof for civil forfeiture is the lower preponderance of the evidence standard.

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What is the difference between civil and criminal forfeiture?

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