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Evaluation of Alternative Sanctions for Drug Offenses

NCJ Number
158410
Author(s)
T McEwen
Date Published
1991
Length
21 pages
Annotation
The Institute for Law and Justice evaluated three relatively new sanctions for drug law offenses (asset forfeiture, nuisance abatement, and revocation of driving privileges); asset forfeiture in Miami, nuisance abatement in Miami Beach, and revocation of driving privileges in New Jersey are discussed.
Abstract
Forfeiture is a legal process that allows for the seizure of property derived from or used in the furtherance of criminal activities, usually drug offenses. The intent of forfeiture is to take the profit motive away from drug trafficking. The Miami Police Department became involved in asset seizures in 1982 following passage of the Contraband Forfeiture Act. The department has a Forfeiture Detail which is responsible for managing, investigating, and administering civil forfeitures. Miami cases resulting in asset forfeitures originate in three primary ways: sting operations, routine patrols, and undercover operations. Nuisance abatement programs differ from other forms of drug law enforcement in that they focus on places rather than on persons. The primary objective of nuisance abatement is to stop the use of selected areas as sites for drug transactions. Miami Beach has created a Nuisance Abatement Board, and the board conducted hearings on 23 different properties between 1987 and 1990. Targets of nuisance abatement in Miami Beach include restaurants, bars, clubs, hotels, apartment buildings, rooming houses, grocery stores, laundromats, and check cashing services. New Jersey's Comprehensive Drug Reform Act stipulates that revocation of driving privileges is mandatory upon conviction of a drug offense. This law has substantially increased penalties for drug offense convictions by changing imprisonment length and imposing fines, in addition to suspending driving privileges. 5 exhibits