Forfeiture Endangers American Rights

Forfeiture Publications

Newsclipping summary:

New Jersey Decision:
No Right To Jury Trial In Civil Forfeiture Cases

FEAR-List Bulletin posted by John Paff, 1/25/96
 
 

FREEHOLD NJ - A Monmouth County Superior Court judge ruled today that a New Jersey statute depriving a property owner of a jury trial in a civil forfeiture action does not violate the state constitution. In his ruling, Judge James A. Kennedy upheld N.J.S. 2C:64-3(f), which allows forfeiture cases to be heard in a summary fashion by a single judge.

Elizabeth Macron, attorney for claimant Lois McDermott, plans to appeal Kennedy's decision. The case is State v. One 1990 Honda Accord, Docket MON-L-003804-95.