NCJ Number
149439
Date Published
Unknown
Length
12 pages
Annotation
This paper explains the nature and uses of asset forfeiture, including civil forfeiture and criminal forfeiture, with emphasis on its use in addressing drug trafficking.
Abstract
The use of asset forfeiture has been increasing since the 1980's. In civil forfeiture, the legal action is directed against the property itself rather than against the owner. In criminal forfeiture, the forfeiture is part of a criminal proceeding against a defendant and follows the conviction. Civil forfeiture reverses the traditional rules of burden of proof, requiring the property owner to show that the property is not forfeitable. The Controlled Substances Act is the most important Federal civil forfeiture law related to drugs. The first Federal laws to contain criminal forfeiture provisions were the Racketeer Influenced and Corrupt Organizations Act and the Comprehensive Drug Prevention and Control Acts of 1970. Most forfeiture laws authorize the administering agency to return the property or provide some form of partial release, based on documentary evidence and affidavits. Some say that forfeiture laws give law enforcement excessive advantages not previously possessed or recognized; forfeitures of property of high value are becoming common. Nevertheless, it is unclear whether this new prosecutorial power will have a significant impact on drug trafficking and organized crime. Discussion questions, 6 statutory references, and 2 other references