Skip to main content skip navigation
  • Account
    • Login
    • Manage
  • Subscribe
    • JUSTINFO
    • Register
  • Shopping Cart
  • Contact Us
    • Email
    • Feedback
    • Chat
    • Phone or Mail
  • Site Help
National Criminal Justice Reference Service
Office of Justice Programs header with links to bureaus/offices: BJA, BJS, NIJ, OJJDP, OVC, SMART Office of Justice Programs BJA BJS NIJ OJJDP OVC SMART Office of Justice Programs
Advanced Search  Search Help
    Browse By Topics  down arrow
  • A–Z Topics
  • Corrections
  • Courts
  • Crime
  • Crime Prevention
  • Drugs
  • Justice System
  • Juvenile Justice
  • Law Enforcement
  • Victims
CrimeSolutions
Add your conference to our Justice Events calendar
  • ABOUT NCJRS
  • OJP PUBLICATIONS
  • LIBRARY
  • SEARCH Q & A
  • GRANTS & FUNDING
  • JUSTICE EVENTS
Home / Publications / NCJRS Abstract

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

1 record(s) found

 

NCJ Number: 199954 Find in a Library
Title: Civil Asset Forfeiture: Where Does the Money Go?
Journal: Criminal Justice Review  Volume:27  Issue:2  Dated:Autumn 2002  Pages:321-329
Author(s): Marian R. Williams
Date Published: 2002
Annotation: This article examines relevant Federal and State laws to determine how proceeds from civil forfeitures, primarily obtained from drug-related prosecutions, are used by the respective governments.
Abstract: Both Federal and State governments have enacted laws to specify not only where forfeited money can go but also for what purposes the money may be used. At the Federal level, civil forfeitures are authorized under Section 881 of the Comprehensive Drug Abuse Prevention and Control Act. In 1984 the act was amended to allow proceeds from civil forfeitures to be deposited in the U.S. Treasury's General Fund. This amendment was changed in 1986 to allow Federal law enforcement agencies to keep proceeds related to the forfeiture. It also established "equitable sharing," which gives State and local agencies most of the proceeds of forfeitures (up to 80 percent) if they were involved in the enforcement action. States, if they choose, can receive substantial revenues not only from Federal forfeitures but also from their own enforcement actions under State law. Most jurisdictions allow for forfeited property to be kept for official use. An even higher number of jurisdictions (83 percent) allow for proceeds from forfeitures to be used to pay forfeiture expenses. Almost 9 out of 10 jurisdictions specify that funds from forfeitures are to be given to law enforcement agencies or are to be used for law enforcement purposes. State and Federal laws have allowed law enforcement much leeway in the use of forfeited funds; however, only a small number of States (fewer than 20 percent) use forfeiture proceeds for drug treatment or prevention, even though research has indicated that treatment and education may be more successful in reducing drug-related crime than law enforcement efforts. Coupled with the lowered due process protections in civil forfeiture procedures, law enforcement agencies have a strong incentive to promote the "war on drugs" as a means of meeting budget demands through forfeitures, even though evidence of the effectiveness of this "war" is lacking. A table shows a State-by-State disposition of funds from forfeitures by type of disposition. 22 references
Main Term(s): Drug forfeiture
Index Term(s): Federal Code; Forfeiture; Forfeiture law; Funding sources; State laws
Publisher: http://www.gsu.edu/cjr 
Page Count: 9
Format: Article
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=199954

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.




Find in a Library

You have clicked Find in a Library. A title search of WorldCat, the world's largest library network, will start when you click "Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain active for 30 minutes. Learn More.

You have selected:

This article appears in

In WorldCat, verify that the library you select has the specific journal volume and issue in which the article appears. Learn How.

Continue to WorldCat

You are about to access WorldCat, NCJRS takes no responsibility for and exercises no control over the WorldCat site.

 
Office of Justice Programs Facebook Page  Twitter Page
  • Bureau of Justice Assistance Facebook Page Twitter Page
  • Bureau of Justice Statistics Twitter Page
  • National Institute of Justice Facebook Page Twitter Page
  • Office for Victims of Crime Facebook Page Twitter Page
  • Office of Juvenile Justice and Delinquency Prevention Facebook Page Twitter Page
  • Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Facebook Page Twitter Page
Contact Us | Feedback | Site Map
Freedom of Information Act | Privacy Statement | Legal Policies and Disclaimers
USA.gov | CrimeSolutions
Department of Justice | Office of Justice Programs