Forfeiture and Crime
To hear proponents tell it, civil forfeiture is an essential tool for fighting crime and promoting public safety. 1 Civil forfeiture, they argue, hampers criminal enterprises by taking the profit out of crime. Better still, it improves public safety by funneling resources taken from criminals into fighting more crime, funding community programs like drug education, and compensating victims.
However, the data we have gathered, as well as a growing body of empirical research, suggest forfeiture, in fact, does little to fight crime or improve public safety. For starters, there is little evidence most forfeitures target criminals, let alone large criminal organizations. Research also fails to show that forfeiture reduces crime, improves police effectiveness, or reduces illicit drug use. Instead, forfeiture appears to be used to generate revenue, which may improperly influence how laws are enforced. Contrary to proponents’ claims, few forfeiture dollars find their way to community programs or crime victims. And given the potential for abuse, forfeiture risks eroding public trust in law enforcement.