NCJ Number
141449
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 2 Dated: (Summer 1992) Pages: 274-337
Date Published
1992
Length
64 pages
Annotation
In 1984, Section 881 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 was modified to authorized the forfeiture of all real property used to facilitate drug law violations.
Abstract
The statute applies to entire tracts of land and all improvements, regardless of what portion of the property facilitated illegal activities. Improvements added to the real estate after the commission of a crime, but before the forfeiture suit, are also covered. Section 881 affords defendants substantially less procedural protections than traditional criminal prosecutions, particularly with respect to burden of proof. Section 881 forfeitures of derivative contraband further the goals of deterrence and retribution and are not tailored to accomplish primarily remedial aims. Despite the importance of the war on drugs, such forfeitures constitute criminal punishment and should not be permitted unless the prosecution meets its burden according to the reasonable doubt standard. Procedural steps in effecting a forfeiture are addressed, including property seizure, the initiation of forfeiture proceedings, the innocent owner defense, and remission or mitigation. Consideration is also given to the historical distinction between civil and criminal forfeitures and applying the Ward test and Mendoza- Martinez factors to Section 881. 260 footnotes