I can't say I understand the difference between "a preponderance of evidence" and "clear and convincing evidence". Who judges these terms now? Does the accused get a defense? Appeal? I don't understand why forfeiture isn't one of the natural penalties of a conviction in a criminal trial. I do like changing the financial incentives, however.
edit: A number of people point out forfeiture can occur without a conviction or even a crime being charged. This reform doesn't change that. It changes the burden of proof from preponderance of evidence to clear and convincing evidence (and addresses some of the perverse financial incentives). These are both less strict than "beyond a reasonable doubt", which applies in criminal proceedings. (See
watwut's link to Burden of Proof below.)
What I'm saying is this reform is weak, and it would be better to treat forfeiture like any other criminal penalty.
Preponderance of the evidence is balance of probabilities. E.g. if it is 51% likely that you did it, it is assumed you did it. Clear and convincing evidence means that it must be highly and substantially more probable that you are guilty in order to be assumed so. E.g. 51% would not do it.
In any case, forfeiture was done to people who were not even charged with anything, much less convinced of a crime.
You do not need to be charged of a crime to have property taken from you under civil asset forfeiture. It's possible to contest the forfeiture in court but that requires an expensive legal battle in a place you might not live (many of these occur on the highway), against a government with far more time and resources.
The money, at least a large cut of it, goes to the municipality that siezed the property. In some small towns this is abused to fund their city government.
edit: A number of people point out forfeiture can occur without a conviction or even a crime being charged. This reform doesn't change that. It changes the burden of proof from preponderance of evidence to clear and convincing evidence (and addresses some of the perverse financial incentives). These are both less strict than "beyond a reasonable doubt", which applies in criminal proceedings. (See watwut's link to Burden of Proof below.)
What I'm saying is this reform is weak, and it would be better to treat forfeiture like any other criminal penalty.