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The Next Stage of Forfeiture Reform
Eric Blumenson, Suffolk University Law School
Eva S. Nilsen
14 Federal Sentencing Reporter 76 (2001)(with Eva Nilsen)
ABSTRACT:
Abstract: In passing the Civil Asset Forfeiture Reform Act of 2000,
Congress instituted some badly needed reforms to a system that had
spawned a good deal of governmental abuse, media investigation,
and popular outrage. Unfortunately, however, CAFRA does not address
the aspect of asset forfeiture law that is perhaps most responsible for
fueling overzealous, sometimes lawless use of the forfeiture power:
federal forfeiture law continues to authorize law enforcement agencies to retain
the drug-related assets they seize for their own use, and many state laws
do as well. With facilities, cruisers, computer and other equipment, salaries
and positions sometimes dependent on how much money can be
generated by their own seizures, police and prosecution agencies
still routinely operate under a conflict between their economic self-interest
and traditional law enforcement objectives. Freeing law enforcement of
this conflict of interest is the next stage of forfeiture reform.
In this article, we describe various routes to this next stage of forfeiture
reform. We first identify several situations in which litigation might bear fruit,
and detail both due process and other constitutional objections to forfeiture
in those cases. We then turn to the legislative route, with particular
emphasis on state reforms that would eliminate the conflict of interest that
exists under some state statutes.
SUGGESTED CITATION:
Eric Blumenson and Eva S. Nilsen,
"The Next Stage of Forfeiture Reform"
(August 1, 2002).
Suffolk University Law School.
Suffolk University Law School Faculty Publications.
Paper 2.
http://lsr.nellco.org/suffolk/fp/papers/2
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