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forfeiture beyond reasonable doubt

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 34 U.S. 682 - The United States v. The Brig Burdett · 1835Most cited · 26 citing opinions

The object of the prosecution against the Burdett is to enforce a forfeiture of the vessel, and all that pertains to it, for a violation of a revenue law. This prosecution then is a highly penal one, and the penalty should not be inflicted, unless the infractions of the law shall be established beyond reasonable doubt... No individual should be punished for a violation of law which inflicts a forfeiture of property, unless the offence shall be established beyond reasonable doubt. This is the rule which governs a jury in all criminal prosecutions, and the rule is no less proper for the government of the court when exercising a maritime jurisdiction.