United States and Civil in rem Forfeiture: The History and Its Ancient Roots

The practice of civil in rem forfeiture has roots in ancient codes and commandments. It is found in the common law doctrine of deodand and in the laws of the nomadic agricultural Israelites. In the second section of the Torah or Book of the Law known as the Book of Exodus there are three groups of laws: (1) the Ten Commandments or Decalogue; (2) Ritual Decalogue; and (3) the Book of the Covenant or the Covenant Code. The Covenant Code is thought to be the earliest lengthy codification of primitive law among the Hebrews; it contains detailed laws for all phases of ancient Israelite life: religious, moral, commercial and humanitarian and crime and penalties. Chapter 21 includes the lex talionis or law of retaliation, a stipulated legal punishment appropriate to the injury, and the assignment of in rem.