Forfeiture Law Research Paper

Improved Essays
Show More
Limited in number, there are studies that analyzed how forfeiture laws can influence or even redefine how drug enforcement agents see their role. There are documented cases in law journals that show the abuse of the laws where police from state and local agencies have seized valuable property for the sole purpose of providing revenue for their agency. The substantial number of civil over criminal forfeitures bring to light that there may be a problem with the civil forfeiture laws, making it easy money for law enforcement.

Oklahoma’s Faults Oklahoma is guilty for having Statues that allow for loopholes making it easier for corruption. According to the Institute for Justice Grade reports, Oklahoma is only graded at a D-minus showing that

Related Documents

  • Improved Essays

    Summary: The Texas Controlled Substances Act
    • 294 Words
    • 2 Pages

    Summary: The Texas Controlled Substances Act

    With infamous gangsters such as Whitey Bulger and Al Capone both the federal government and individuals states have adapted to the lessons learned from these criminals. Both federal and state law enforcement have bounded together to create joint task forces that work together to take on criminals and their networks. With the increasing drug problem, states such as Texas have some of the harshes punishments for the trafficing of illegal drugs. Acts such as the Texas Controlled Substances Act are some of the ways states have evolved to control and combat the growing drug problem plaquing our country (Texas Drug Trafficking / Distribution Laws. n.d.). Departments dedicated to investigating specific crimes such as the white collar crime division…

    • 294 Words
    • 2 Pages
    Improved Essays
    Read More
  • Great Essays

    Three Strikes Law Research Paper
    • 1750 Words
    • 7 Pages

    Three Strikes Law Research Paper

    Introduction The purpose of this paper is to analyze and discuss issues with the three strikes law. There are many issues, but for the purpose of this paper, four issues were analyzed and discussed. They are; [1] prison overcrowding, [2] cost, [3] fairness of sentencing, and [4] deterrence.…

    • 1750 Words
    • 7 Pages
    Great Essays
    Read More
  • Improved Essays

    Summary Of Drug Crazy
    • 827 Words
    • 4 Pages

    Summary Of Drug Crazy

    Public opinion alone has shifted in favor of sensible reforms that are geared towards health-based approaches and reducing the role of law enforcement in drug policy. But organizations including police forces continue to profit from the rooted ways of the drug war. In a Washington Post article, Dennis Flaherty, executive director of the MPPOA, explains that “legalization- in any form- could lead to harmful reductions in federal grants that are an important funding source for many police agencies…” This places a strong incentive on police agencies to make drug policy a high…

    • 827 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    Mississippi Civil Forfeiture Essay
    • 454 Words
    • 2 Pages

    Mississippi Civil Forfeiture Essay

    Our criminal system has numerous felony cases depending on the crime that are committed. Mississippi has a law that allows property to be seized, and possibly forfeited, if it is assumed to have connection with a violation of controlled substances laws. To validate a forfeiture,” the State must essentially prove, by a preponderance of the evidence, that an item of property was “used” or “intended to be used” in violation of the law. Some items of property subject to forfeiture are intuitive – drugs, drug containers, paraphernalia and items used to manufacture drugs are all routinely forfeited”. Under Mississippi’s civil forfeiture laws the government has to connect property to a crime by a multitude of evidence in order to forfeit it.…

    • 454 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    The First Confiscation Act Analysis
    • 1588 Words
    • 7 Pages

    The First Confiscation Act Analysis

    In August of 1861, President Lincoln signed the 1st Confiscation Act formalizing to some degree Butler’s contraband argument by authorizing the United States army to seize any slave used to aid the Confederate military. This however did not resolve the ambiguity of the status of the majority of enslaved people who now numbered in the thousands in and around Union army camps. The decision as to whether these people were free, property of the army, or to be returned to their masters was essentially left to the discretion of individual army officers. The 2nd Confiscation Act passed by Congress in the summer of 1862 was far stronger than its predecessor authorizing the army to seize any property including human property of those in rebellion and…

    • 1588 Words
    • 7 Pages
    Improved Essays
    Read More
  • Improved Essays

    Civil Forfeiture In Mississippi
    • 2228 Words
    • 9 Pages

    Civil Forfeiture In Mississippi

    The state and federal civil asset forfeiture laws, allows law enforcement agencies to keep or sell the assets and use the profits to subsidize their budgets. Different from criminal asset forfeiture, civil forfeiture, a property owner is not required to be found guilty of a crime or even charged to permanently…

    • 2228 Words
    • 9 Pages
    Improved Essays
    Read More
  • Improved Essays

    Pros And Cons Of Civil Forfeiture
    • 1404 Words
    • 6 Pages

    Pros And Cons Of Civil Forfeiture

    Law enforcement agencies are able to keep some, if not all, of the money they obtained from Civil Forfeiture to spend on items the agency wants to purchase. Robert Brouillard, author of “Civil Forfeiture in Oregon: Efforts Toward Effective and Equitable Change”, states that the government can keep or get rid of the items that were forfeited (457). Most agencies will either sell the non-cash property to get proceeds for their agency or keep the money that was originally forfeited. Instead of forfeited money going towards useful items that could help keep the community safer, some agencies buy items that are considered highly unnecessary. Nick Sibilla, author of the article “IJ Briefs Lawmakers”, says that police have spent this forfeited money on items such as expensive leisure trips, sports cars, and even an agency owned margarita machine (n.pag).…

    • 1404 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Four Methods Of Apprehension Strategies Used By Law Enforcement
    • 345 Words
    • 2 Pages

    Four Methods Of Apprehension Strategies Used By Law Enforcement

    The four major methods of apprehension strategies used by law enforcement are the reverse sting, the controlled buy, the undercover buy, and the knock and talk. The reverse sting is where a law enforcer goes undercover as a drug dealer and sells drugs; they usually sell a controlled substance (Levinthal, 2012, pg. 125). This type of sting makes money for the enforcement due to the asset forfeiture law, which allows the agencies involved to keep a portion of the proceeds made. This sting is often criticized because the drug users are arrested and not the dealers or traffickers. Controlled buy is where an undercover informant buys drugs under the supervision of the police; this informant can be paid or is someone that is used in order…

    • 345 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    Civil Asset Forfeiture Essay
    • 685 Words
    • 3 Pages

    Civil Asset Forfeiture Essay

    The fraudulent practice of civil asset forfeiture is a slap in the face to the principles of American democracy. Civil asset forfeiture is a legal process in which police officers can seize a civilian’s property if they believe those assets can be connected to a crime. Civil asset forfeiture originated during the Colonial era as an initiative to prevent foreign ships from illegally transporting goods, but required a criminal conviction in order to do so. However, the policy was revitalized during the prohibition and the war on drugs. This policy has now evolved into a police-for-profit scam that targets the poor and puts innocent Americans property at risk, without due-process or a criminal conviction.…

    • 685 Words
    • 3 Pages
    Improved Essays
    Read More
  • Superior Essays

    Essay On Regulatory Law
    • 1033 Words
    • 5 Pages

    Essay On Regulatory Law

    As of the 21st century, regulatory laws have impacted our daily activities and lives. Regulatory laws are regulations that set out certain requirements on what is legal or illegal. The Impact of Regulatory Law on American Criminal Justice- Are there too many laws? by Vincent Del Castillo provides an overview of the results of having regulatory laws. While the book talks about a variety of topics, we will mainly focus on illegal drugs, guns, the police, and also the societal consequences.…

    • 1033 Words
    • 5 Pages
    Superior Essays
    Read More
  • Improved Essays

    The Importance Of Civil Asset Forfeiture
    • 1340 Words
    • 6 Pages

    The Importance Of Civil Asset Forfeiture

    Civil asset forfeiture is used to take out the “instrumentalities” (Stefan D. Casella), of crime. For example, if there is a dealer using a house to sell drugs to kids as they pass by on their way to a friend’s house, the building is a threat to the safety and health of that community. Civil asset forfeiture allows law enforcement to seize that house to ensure the safety of the kids and the surrounding community. This tactic also allows the government and law enforcement to keep criminals at bay by taking away their sources of trade. By taking away certain sources of trade whether it is illegal weapons, drugs, etc.…, there would be a decrease in the possibility of those illicit materials ending up in the communities.…

    • 1340 Words
    • 6 Pages
    Improved Essays
    Read More
  • Superior Essays

    Search Warrant Research Paper
    • 1567 Words
    • 7 Pages

    Search Warrant Research Paper

    This paper is going to explain who can issue a search warrant, the grounds on why a search warrant will be issued, who issues it, and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment. Let me begin with what a search warrant consists of.…

    • 1567 Words
    • 7 Pages
    Superior Essays
    Read More
  • Improved Essays

    Search And Seizure Laws In Michelle Alexander's The New Jim Crow
    • 1234 Words
    • 5 Pages

    Search And Seizure Laws In Michelle Alexander's The New Jim Crow

    Search and seizure laws have been around since the beginning of the United States of America, and have a very controversial history. Many deem the way the laws are practiced unconstitutional, and oppressive to minorities, while others think they are just and need to be carried out to stop crime. Police officers have found many missing persons and have also brought down many drug dealers all while staying in the lines of legal search and seizure. Many people fear officers can overstep their boundaries and think that search and seizure laws are the underlying cause of mass incarceration, which Michelle Alexander examines in her book The New Jim Crow.…

    • 1234 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Reverse Sting Case Study
    • 521 Words
    • 3 Pages

    Reverse Sting Case Study

    Street-level drug law enforcement practices are policing strategies that aim to reduce or prevent illicit drug use, drug dealing, and associated problems at drug-dealing locations. According to the assigned text, law enforcement on the street utilize four methods of apprehension. The “reverse sting” is popular among community members and law enforcement. Both often benefit for this type of operation. Law enforcement agencies make money from seized money and property as a result of forfeitures.…

    • 521 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Essay On Decriminalization Of Drugs
    • 990 Words
    • 4 Pages

    Essay On Decriminalization Of Drugs

    The personal and social costs of recreational drug use are high; in addition, some of the penalties for drug use or possession are unfair or unjust; therefore, the middle road of decriminalization of some recreational drugs is the best answer to America’s drug problem. One of the major problems with prohibition is searching property and…

    • 990 Words
    • 4 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings