Literature Review

Running head: PEER REVIEWED ARTICLE SUMMARY 1

PEER REVIEWED ARTICLE SUMMARY 6

Peer Reviewed Article Summary

Olen Jessie

Post University

20220529

Article 1: The Effects of Civil and Criminal Forfeitures on Drug-Related Arrests

The enactment of the Forfeiture Ac by congress allowed federal authorities to bring charges against convicted drug dealers, so federal authorities were granted the power to make arrests and seize any property intended to be used or used for crime. The amendment of the actin 1984 saw the development of the comprehensive crime control act aimed at drug trafficking. The Act allowed for equitable sharing of the process of crime among local, state, and federal agencies. The ability of the agencies to circumvent the restrictive state laws and aloe the agencies keep the seized assets for they have played a critical flaw in the law enforcement agencies becoming more aggressive in their seizures.

The lack of reliable data on the civil forfeitures saw the study employ the DOJ seizures from the individual states. There was a high correlation between the per capita prison populations (0.51), African American population, and population density, among other variables such as drug-related arrests at 0.41791. The correlations showed a high correlation between measures of criminal activity and measures of economic success. The implications of the results show that the benefits derived from forfeiture are minimal based on the data from the analysis. Amendment of the CCCA would help remove the incentives for local and state agencies to engage in forfeitures and seizures as it would help restore some degree of due process.

The research results showed that there was a minimal effect of forfeitures on drug-related arrests. The drop in related crime and arrests was minimal. The author could further expand on these results by analyzing the drop rate in drug-related crime and arrests based on class and race since most of the arrests tend to be focused on African Americans and Latinos and mostly in low-income neighborhoods. Future research studies need to focus on the impact of the forfeitures on the crime rate based on race and class, as there exist stark differences between races and social classes.

The article adds further information on civil forfeiture of proceeds by analyzing the law's impact on the rate of crime. The article presents a side of the topic that is new and rarely discusses the real impact of these forfeitures and the drop in crime levels.

Article 2: CIVIL ASSET FORFEITURE, CRIME, AND POLICE INCENTIVES: EVIDENCE FROM THE COMPREHENSIVE CRIME CONTROL ACT OF 1984

Civil asset forfeiture was intended to limit the gains that crime organizations gained through their illicit trades. The financial incentives have, over the years, altered police incentives, which are strong to raise significant civil or liberty incentives. The result of this Act and increased police incentives is raised concerns over the potential violation or abuse of habeas corpus. These concerns have led to the reformation of the approach to forfeiture by requiring that each forfeiture be accompanied by a criminal conviction or standard of proof. Data from Chicago indicates that most forfeitures are carried out in minority communities and low-income areas, with the mean seizures amounting to about $1000 in cash. The study estimated that changes made to the forfeiture act between 1984-1992 led to a 17% reduction in non-violent property crimes, especially in areas where police could keep a huge share of their seizures. With the increased incentive from the seizures, the study anticipated that police concentrated more on drug seizures than traffic enforcement. It is estimated that traffic fatalities increased 22% after enacting equitable sharing. The Act is anticipated to achieve some of its goals while also raising questions about the law beyond civil liberties.

The author could expand the results of the research by further investigating the impact of the forfeiture of the assets on the victims' lives and also investigate the real extent of how law enforcement agencies benefit as a result of the forfeitures, which would help explain the real drive behind why these law enforcement agencies would devote much time to drug bursting rather than other duties. To what extent and of what benefit are the assets to the law enforcement agencies?

The article adds to the research topic by analyzing the effects or impacts of forfeitures on law enforcement agencies. It helps shed light on a rather lesser known concept. The lens through which the article analyzes the topic is rather eye opening. The correlation between forfeitures and the rate of increase in other misdemeanors or felonies helps avail need information towards the reform of the law.

Article 3: Guilty until Proven Innocent: Rethinking Civil Asset Forfeiture and the Innocent Owner Defense

There is a need to reform the civil assets forfeiture to avoid the problem of unlawful or inequitable forfeitures. The war on drugs campaign has been tolerated because of civil asset forfeiture. The Act creates more victims than it helps through the seizure of property without accompanying warrants or evidence. There is a need to reform the Act by having a uniform forfeiture reporting system. It will avail better access to necessary information allowing for accountability between the local and state law enforcement agencies. It would result in the public having more faith and trust in the law enforcement agencies, which can help raise morale and lead to much greater cooperation between the public and law enforcement. It is necessary that the burden of proof be placed upon the government and applied uniformly, which will help deter law enforcement from using the Act as a means to the end.

The author can expand on the topic by proposing various remedies apart from standard or uniform operating forfeiture systems, as it is not the only solution to this deep problem. Further research should concentrate on more remedies to the issue, such as legislation where the law can be amended and help reduce the benefits that law enforcement derives from forfeitures. The vast amount of resources can be transferred to the development of the community. The article sheds light on the challenges with the forfeiture law on law enforcement. Issues such as trust and the creation of more victims than beneficiaries of the law help add to the current research on the topic.

Article 4: Civil Forfeiture, Crime Fighting and Safeguards for the Innocent

The belief by the Department of Justice of the low rates of claims for the return of property is evidence that most of the properties are proceeds of crime; however, the forfeiture law makes it extremely hard for innocent people to get their property back. The law is designed in a manner in which the government has the upper hand forcing the person to bear the burden of proof, which is further weakened by the fact that the process may happen without the proper oversight of a jury or judge. It is highly unlikely that meaningful protection will be accorded to the victims as long as the power rests with the very agencies that are supposed to benefit from the same proceeds.

The author could further expand on the topic and lay the ground for future research on the legal obstacles within the forfeiture law that hamper asset recovery. The research could further build on the current results by investigating the number of those aggrieved by the law vis a vis the beneficiaries to it to shed light on the benefits and disadvantages of the law. It will further the topic by examining the real effects 0of the law on the civilian population. The law is designed to protect the public; however, its benefits to the public can be investigated even further.

The data sources influence the research topic by touching on the legal aspects of the forfeiture law. The legal aspects of the law ought to be analyzed to make the law even much better and more beneficial to the public.