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Drug Enforcement's Double-Edged Sword: An Assessment of Asset Forfeiture Programs

NCJ Number
150591
Journal
Justice Quarterly Volume: 11 Issue: 2 Dated: (June 1994) Pages: 313-335
Author(s)
J M Miller; L H Selva
Date Published
1994
Length
24 pages
Annotation
This paper presents the first ethnographic examination of asset forfeiture during the period of the drug war in the United States, based on 12 months of covert participant observation.
Abstract
One of the authors assumed the role of a confidential informant in undercover narcotics operations in a southern State. Other graduate students who were drug enforcement agents recruited him to become a confidential informant; this led to his interactions with drug agents who did not know him and who had no knowledge of his research objectives. The research aimed to assess contemporary methods of drug law enforcement under the 1988 Anti-Drug Abuse Bill at two crucial points: case selection and police conduct. The 1988 law incorporated the practice of returning seized money to drug enforcers and is central to the controversy about asset forfeiture and the resulting seizure-based style of narcotics policing. The author was a participant observer in 28 narcotics cases. The results suggested that asset forfeiture is a dysfunctional policy. In its implementation, it has strayed from its original intent and has incurred unintended consequences. Although asset forfeiture programs generate income, they also cause drug law enforcement to serve functions that are inherently contradictory and often at odds with the demands of justice. 66 references and 2 case citations