Civil judicial and Administrative forfeitures What are civil judicial and administrative forfeitures?

These are items that that are taken from criminal that have been convicted of a drug crime or other criminal enterprises. These things are seizes as part of the judgment when the criminal are sentences to jail or other terms used in drug related activity. The property that is seizes occur even if the criminal are convicted. What exactly is taken in these forfeitures? These are thing items that criminal use in crimes. An example would be if a drug dealer used a car to transport his drugs across interstate, then the police can seizes his car and do whatever they deem fair.Forfeiture is also used to abate nuisances and to take the instrumentalities of crime out of circulation. For example, if drug dealers are using a "crack house" to sell drugs to children as they pass by on the way to school, the building is a danger to the health and safety of the neighborhood. Under the forfeiture laws, we can shut it down. If a boat or truck is being used to smuggle illegal aliens across the border, we can forfeit the vessel or vehicle to prevent its use time and again for the same purpose.(Casella, 1997) so why is this process of forfeiture is important in fighting crime? The process of forfeiture is useful in fighting war against drug because the criminal justice believes that when they seize the property they are slowing down the criminals and the drug problem. The justice system believes that if they take these items then the criminals have to use their illegal money to recoup. An example if the drug deal loses a crack house that was seized then they would have to purchase another house to use as a crack house. Law enforcement can also use these items, sell them and help them fight crime and educate others about drug.

There are many advantages to the process civil forfeitures. One of those is that criminal do not have the tools that they used before to commit these drug related crimes. An example, if a drug dealer doesnt have is crack house them those who are addicted to do have any more avenue to get their drugs. These properties can be used for good. The government can sell these houses to things like nonprofit organizations and they make that once "crack house" into a drug rehab center. The property that is seized can be sold to the public in auction and this property can be turn into good. A mother can take a once drug dealer car and now use it to transport their children to school and other events. There are certain disadvantages that occur with this process as well. What happens when law enforcement seizes property and takes these property and they find out later that the criminal is acquitted does the criminal received his property back? There are provisions in the law that protects those who have been victims of aggressive prosecution and premature forfeitures.The Civil Asset Forfeiture Reform Act of 2000 (CAFRA) made several changes to federal forfeiture law. Key provisions of the law include the creation of an innocent owner defense (for cases in which an innocent individual's property is targeted for forfeiture) and a shift in the burden of proof from the property owner to the government. Concerning the latter, property owners were previously required to prove their property was not subject to forfeiture. Now the government must prove by a preponderance of the evidence that property is subject to forfeiture.(Worrall, 2011) The misuse of the forfeiture process by law enforcement has also come into question by many. Does law enforcement take these properties so that they can finance their criminal operation or worse do they take

these items for their own personal purpose? This is a very controversial practice that might as well being used by law enforcement.

References Worrall, J. (2011). Asset Forfeiture Response Guide No. 7. Center for Problem Oriented Policing. Retrieved on 4/27/2011 from http://www.popcenter.org/Responses/asset_forfeiture/print/ Cassella, S. (1997). Forfeiture is Reasonable, and It Works. The Federalist Society. Retrieved on 4/27/2011 from http://www.fesoc.org/publications/detail/forfeitureis-reasonable-and-it-works