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Use of Forfeiture Sanction in Drug Cases

NCJ Number
98122
Author(s)
L D Stellwagen; D Whitcomb; K A Wylie
Date Published
1984
Length
43 pages
Annotation
The extent to which States are using forfeiture as a means of addressing the problem of illegal drug trafficking was examined by means of a literature review, a telephone survey of prosecutors in each State, and a review of State laws.
Abstract
The prosecutors were generally those located in counties recommended by the State Attorney general's offices as being particularly active in using the forfeiture sanction. All 50 States had forfeiture laws addressing drug offenses, but the provisions varied markedly. Many local authorities were increasing their use of forfeiture, but few maintained documented statistics on the values involved. Vehicles and cash were the most frequent targets of forfeiture proceedings. Survey respondents were generally satisfied with the use of forfeiture in their jurisdictions. However, clarifying the statutes and broadening the scope of forfeitable items were recommended. Better organization and coordination of efforts in this area were also recommended. Helpful Federal initiatives would include training workshops for police, prosecutors, and judges; evaluation and assessment of existing forfeiture units to see which would be adopted elsewhere; and development of a general forfeiture manual. Forfeiture statutes also need to limit the potential for abuse, and cash and properties obtained through forfeiture must be used for the benefit of the public. Tables, footnotes, and appendixes presenting the study instrument and a comparison of State laws are provided. For related document, see NCJ-98259.