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Asset Forfeiture

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Recommended: Modern war on drugs

The War on Drugs has been criticized for its inability to decrease drug users and drug related crimes. The US government’s methods combat illicit drug crimes have made people question the main motives of War on Drugs. Since the US government declared the War on Drugs asset forfeiture has been widely used by law enforcement agencies to reduce drug criminals influence. Asset forfeiture is effective in tackling illegal drug crimes and funding government agencies, but the laws about asset forfeiture has been controversial due to its questionable profit incentives for law enforcement and inability to protect property owners from unfair seizures. Asset forfeiture is the legal process in which property is seized based on its association with illegal …show more content…

During the 1970s, Nixon’s administration has paved way for current asset forfeiture laws to enforce the war on drugs. The Rocketeer Influenced and Corrupt Organization (RICO) statue allowed the US Justice Department to strip criminals of their control of legal businesses and unions. After RICO the Continuing Criminal Enterprises Act (CCE) was made to target leaders of drug trafficking organizations by allowing the US Justice Department to use criminal forfeiture to seize their profits. Since the Nixon administration the Drug Enforcement Administration (DEA) was given the authority to use civil forfeiture against not only money obtains from illegal activity, but from money that could potentially be used for committing a crime in the future. Potentially be used for committing a crime in the future is an inexplicit term that has been fought against by innocent …show more content…

Asset forfeiture can be used to fund government programs which can be a great benefit to the public and is considered necessary to thwart criminal activity. Financial incentives for asset forfeiture are the government’s way of motiving law enforcements to actively fight for anti-drug policies. There are still inherent flaws that need to be addressed with asset forfeiture laws. Innocent property owners have little protection from forfeiture. A study about plaintiffs of forfeiture cases show “the finding that most appeals are lost was not surprising as previous research examining litigation challenging police actions has found that plaintiffs have a difficult time winning” (Gabbidon 59) There are also no proper restrictions for law enforcements abusing civil forfeiture. There are several examples like of police abusing civil forfeiture by using preponderance of evidence to seize property associated with illegal activity

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