In addition to evaluating the constitutional implications of drawing a negative inference from a claimant's silence, the Comment explores the historical background of forfeiture and discusses the Fifth Amendment and any implications that the amendment's historical development might have on its use in forfeiture proceedings. It also analyzes the Supreme Court's holdings with regard to the use of the Fifth Amendment in forfeiture actions and its more recent holdings that arguably broaden the constitutional protections for claimants in forfeiture proceedings. Merging criminal and civil forfeiture statutes would fulfill society's needs by depriving a narcotics dealer of illegally acquired money and property but not at the expense of the claimant's constitutional rights. The procedure would be more just because a claimant could invoke the protections of the Fifth Amendment without jeopardizing property rights. The single action would eliminate any societal perception that civil forfeiture proceedings are arbitrary and unfair. Notes