NCJ Number
157396
Date Published
1984
Length
42 pages
Annotation
This study examines the extent to which States have tried to replicate the Federal results with forfeiture and why they have or have not succeeded.
Abstract
The study began with a literature review to help researchers identify many of the legal and practical issues associated with the use of forfeiture as a criminal sanction for drug offenses. A telephone survey was then prepared to guide interviews with State attorneys general about the use of forfeiture sanctions in their jurisdictions. The telephone survey was most often administered to the prosecutor in a county recommended by the attorney general's office as being particularly active in using the forfeiture sanction. One prosecutor was interviewed in each of the 50 States. A letter was sent to each State's Legislative Reference Service, requesting a copy of the current statute that provides for drug forfeiture. One section of the report provides a brief discussion of recent developments in the use of forfeiture as an additional criminal sanction for drug offenses. It outlines the nature of the narcotics problem and provides examples of successful seizure and forfeiture actions at the Federal, State, and local levels. Another section presents a detailed analysis of the forfeiture statutes now in force in the United States. Drawing on the responses of the prosecutors interviewed, an assessment of the implementation and effectiveness of forfeiture provisions are presented. A section discusses alternative strategies that law enforcement agencies and prosecutors have used in addition to the more typical cash and vehicle forfeitures. The report concludes the report with recommendations based on the comments and observations of survey respondents. 6 exhibits and appended telephone survey instrument and State statutory analysis