Does Civil Forfeiture Fight Crime? Evidence From New Mexico

This study examined civil forfeiture’s impact on crime rates. Proponents of civil forfeiture, which allows law enforcement to take and permanently keep property without a criminal conviction, claim it is an essential crime-fighting tool, particularly in the War on Drugs. Critics challenge the crime-fighting efficacy of civil forfeiture while warning the policy violates individual liberties. Previous research has associated increases in civil forfeiture with higher rates of drug arrests, but to date, few studies have examined the impact of a major civil forfeiture reform. Using a 9-year panel of monthly crime rates, this study measured the impact on crime of legislation that eliminated civil forfeiture in New Mexico. This study did not find sufficient evidence to conclude civil forfeiture effectively fights crime. Specifically, when New Mexico eliminated the policy, crime rates did not worsen compared to control states. These findings hold important implications informing the policy debate surrounding civil forfeiture.

Suggested citation: McDonald, J., Weeks, H., & Carpenter, D. M. (2024). Does civil forfeiture fight crime? Evidence from New Mexico. Criminal Justice Review. https://doi.org/10.1177/07340168241285569

This article is on file with the Institute for Justice, but you can download a one-pager about the article here.