Civil Asset Forfeiture in the Fight Against Drugs (Policy Analysis)

Description:

Even if the main criminals of an organization are incarcerated, they will be replaced by others who would continue illegal activities, unless their financial assets are removed. Thus, civil forfeiture intends to dismantle the economic infrastructure of drug trafficking networks. Civil forfeiture considers the property as guilty, rather than the owner, and it may exist even if there is not a criminal action. Therefore, it is claimed that police agencies have chosen easy targets, such as wealthy drug users rather than major drug traffickers. Consequently, it has been particularly challenged on the basis of the Excessive Fines, Double Jeopardy, and Due Process Clauses. The use of criminal forfeiture instead of civil forfeiture and the elimination of the equitable sharing provision are considered to be the primary solutions.

Creator(s): Tuncer, Hakki
Creation Date: August 2002
Partner(s):
UNT Libraries
Collection(s):
UNT Theses and Dissertations
Usage:
Total Uses: 832
Past 30 days: 25
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Creator (Author):
Publisher Info:
Publisher Name: University of North Texas
Place of Publication: Denton, Texas
Date(s):
  • Creation: August 2002
  • Digitized: July 18, 2007
Description:

Even if the main criminals of an organization are incarcerated, they will be replaced by others who would continue illegal activities, unless their financial assets are removed. Thus, civil forfeiture intends to dismantle the economic infrastructure of drug trafficking networks. Civil forfeiture considers the property as guilty, rather than the owner, and it may exist even if there is not a criminal action. Therefore, it is claimed that police agencies have chosen easy targets, such as wealthy drug users rather than major drug traffickers. Consequently, it has been particularly challenged on the basis of the Excessive Fines, Double Jeopardy, and Due Process Clauses. The use of criminal forfeiture instead of civil forfeiture and the elimination of the equitable sharing provision are considered to be the primary solutions.

Degree:
Level: Master's
Discipline: Criminal Justice
Language(s):
Subject(s):
Keyword(s): Asset forfeiture | civil forfeiture | drugs | civil asset forfeiture | war on drugs
Contributor(s):
Partner:
UNT Libraries
Collection:
UNT Theses and Dissertations
Identifier:
  • OCLC: 50879153 |
  • ARK: ark:/67531/metadc3204
Resource Type: Thesis or Dissertation
Format: Text
Rights:
Access: Public
License: Copyright
Holder: Tuncer, Hakki
Statement: Copyright is held by the author, unless otherwise noted. All rights reserved.