NCJ Number
175845
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 5 Issue: 3 Pages: 294-307
Date Published
1997
Length
14 pages
Annotation
This article reviews the use and misuse of US forfeiture laws.
Abstract
Extensive use of forfeiture in US criminal law dates from the 1970 enactment by the Congress of the Racketeer Influenced and Corrupt Organizations (RICO) statute. However, forfeiture also exists in civil forms and under many different statutes that sometimes prescribe distinctive procedures. The article describes administration of forfeitures and seizures under criminal law, amounts involved and differing perspectives. In addition, it describes some of the 100 Federal statutes authorizing civil forfeiture, including agricultural offenses, alien and nationality crimes, food and drug violations, copyright violations, taxation offenses, pornography, drug trafficking, and money laundering. Discussion of major legal and policy issues includes due process and abuse of process, and constitutional issues. Forfeiture can be effective against drug trafficking, organized crime, and money laundering. However, American experience has demonstrated the excesses that can occur when overzealous prosecution and perverse incentives to law enforcement agencies cause forfeiture to be used in ways that are unfair and insufficiently cognizant that criminal procedures should be designed to both convict the guilty and protect the innocent. Tables, references