Asset Forfeiture Essay

335 Words2 Pages
What is the difference between “civil” and “criminal” asset forfeiture? Criminal asset forfeitures are items that directly involve a person that has been convicted of a drug related crime. These items must be part of the case during the indictment. Civil asset forfeiture is where property is used in drug related activity. The property is part of the guilty party and innocence is irrelevant. The individual’s property rights are not deemed. What assets can be seized? In criminal asset forfeiture any items related to the case must be indicted with the defendant at the beginning of the trial. In civil asset forfeiture all items related to facilitating drugs can be seized. No conviction necessary. What happens to the seized items? The government, disregarding the 5th amendment, sells the seized items. These items are sold at a profit back to the public. The funds acquired are then placed in the government asset account and the monies are used to fight the drug war. Why is “asset forfeiture” useful in fighting the drug war? Asset forfeiture is useful in fighting the drug war because by seizing the property the government believes they are slowing down and controlling the drug problem. The government is making it more costly to make and distribute drugs. Also the government sells these seized drug related items such as car and boats for a way for drug enforcement agencies to get funds. What impact has “asset forfeiture” had on law enforcement agencies? Many believe that asset forfeiture has had a negative impact on law enforcement agencies. It is believed that their attitude has changed from “ To protect and serve” to “ show me the money”. Thus meaning that the cops go after the drug dealers with a lot of money not the ones that are making and transporting a vast majority of the drugs. "Forfeiture Endangers American Rights Foundation." N.p., n.d.
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