One of the problems here is that these confiscations are done in civil trials, where the right to a jury trial is not always guaranteed (depending on the state)

One of the problems here is that these confiscations are done in civil trials, where the right to a jury trial is not always guaranteed (depending on the state). And even in those states where it is guaranteed, it's often a poor choice for the person whose property has been stolen, since jury trials add significant time and expense.