Civil forfeiture was originally created with noble and worthwhile intentions. The goal was to battle against crime and budgetary restrictions at the same time, which is very logical. However, over the years civil forfeiture has been warped, and in many cases causes more harm than good. It is important to understand both the positive and negative aspects of civil forfeiture in order to see the big picture of the situation and be able to stand against the issue as a member of society. At its base, civil forfeiture is a law enforcement tool with many different functions. Fighting crime is expensive, and civil forfeiture can be used to undermine criminal activity and reimburse local law enforcement “without the need to seek additional outside resources” (Worrall, 2008). Law enforcement agencies tend to struggle with budget cuts, so civil forfeiture offers a leg to stand on. In 2011, Holcomb, Kovandzi and Williams stated in their research “almost forty (40) percent of respondents agreed or strongly agreed to the statement that civil forfeiture is ‘necessary as a budget supplement’” (p. 275). Though civil forfeiture is often associated with drug enforcement, it can be applied to a variety of crime control, including illegal drug markets, nuisance properties, street racing, drunk driving and prostitution (Worrall, 2008). Civil forfeiture …show more content…
Worrall appropriately points out that “any effective crime control strategy needs to be balanced against the possible argument that it threatens people's rights” (2008). Though this is true, there are too many cases of unethical civil forfeiture to ignore the problem. Controversy will always surround civil forfeiture because it has “powerful economic consequences” (Worrall, 2008), but every aspect of civil forfeiture must be examined so society can both see the merits of the system and stand up against the
Therefore, the following items were subject to forfeiture or seizure in violation of
Because the arrest and drug conviction were not challenged in the federal removal proceedings, the Court in Moncrieffe v. Holder did not have before it the full set of facts surrounding the state criminal prosecution of Adrian Moncrieffe. However, examination of the facts surrounding the criminal case offers important lessons about how the criminal justice system works in combination with the modern immigration removal machinery to disparately impact communities of color. By all appearances, the traffic stop that led to Moncrieffe’s arrest is a textbook example of racial profiling.3 Over the last few decades, the modern immigration enforcement system has evolved into a criminal immigration removal system, with the U.S. government frequently
The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges. The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home.
In the 1980 's legitimate pressure including police quests was an immediate consequence of the war on medications battle. Officers were urged to stop and seize or look suspicious vehicles to put an end on medication trafficking (Harns, 1998). Be that as it may, setting this forceful methodology into impact had numerous negative results. One issue was that it put police on a slim line with the established laws. To nothing unexpected, practically no information evaluating how frequently police quests fall outside protected laws exist.
In 2014 there were 215,000 people incarcerated in federal prisons, almost half were there for drug-related offenses with the enactment of mandatory minimum sentencing laws for drug offenses in the 1980s, increasing the population by more than 800 percent (Malcolm, 2014.) “Moreover, drug offenders make up the single largest category of incarcerated offenders in Tennessee, serving an average sentence of 9.7 years” (Malcolm, 2014, paragraph 21.) By limit sentencing, we can address the issues of high cost, by using probation and parole for more misdemeanor
In this day and age, There are five times as many people in jail as there were in the 1970s. Almost 5 percent of the population of the United States will go to prison at in point of their life. Conservatives believe that imprisonment reduces crime in two ways: it removes criminals from the public so they can not commit more crimes, and it also discourages people who would commit a crime as they consider the consequences. Unfortunately, neither of these outcomes have come to be true. In fact, mass incarceration and “tough on crime” laws have been extremely ineffective that instead of reducing crime, it increases it.
Making The War on Drug a top priority meant that other serious crimes like rape and murder would not be considered important as drug crimes. The federalization of drug as crime violated beliefs of states’ rights as street crime is what necessitates law enforcement. In the breathtaking book, “The New Jim Crow” by Michelle Alexander, “Huge cash grants were made to those law enforcement agencies that were willing to make drug-law enforcement a top priority”(73). Putting money on agencies to go towards a specialized narcotics task force meant that other more serious crimes are not taken as serious as drugs crimes. There are grand theft and violent assaults, which are a greater threat to communities than illegal drug use and abuse.
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
The criminal justice system may be more corrupt than the people who fill our prisons. It is amazing to see the many ways that certain parts of society actually benefit from the current system we support. This book,The Rich Get Richer and The Poor Get Prison, by authors Jeffrey Reiman and Paul Leighton, has open my eyes to a very corrupt idealism. They are very precise in their supporting examples as well by walking the reader through each step and analogy.
In 1972, former President Richard Nixon made his infamous statements regarding crime and drug abuse. In this speech, he declared a war on crime and drugs and intended to decrease the number of people using drugs and the amount of crimes that were committed. Since this declaration, incarceration rates in the U.S. have gone up by 500%, even though the amount of crime happening has gone down. One of the reasons why I feel our rates have risen, is because sometimes, we put people in jail when they don’t need to be there in the first place.
To much of the common citizen’s disbelief, the spike in the mass incarceration of citizens in America is not necessarily a result of the national increase in violence, but rather an operation fueled by the corruption within our own legal system. Although many individuals in the United States would stand to believe that there is no particular way that anyone could stand to profit from the mass incarceration of Americans–they are wrong. The standing profiteers for mass incarceration is the private prison industry. The name to their game is simple, the more that the public good suffers from mass incarceration, the more government money the companies can obtain. As a result of these efforts, the private prison industry cuts corners at the expense of public safety and prison security in order to maximize profits by obtaining government money, resulting in the mass denial of American citizen’s liberty.
Several law enforcement agencies have gone through expensive litigation over civil rights concerns. Police-citizen relations in those communities have been strained, making policing more challenging. Most importantly, racial profiling is unlikely to be an effective policing strategy as criminals can simply shift their activities outside the profile (e.g., if racial profiling begins with police stopping black males in their teens and twenties for being drug carriers, criminals may start using other demographic groups — such as Hispanics, children or the elderly — to move drugs). Despite training to avoid discrimination, officers may still rely on cultural stereotypes and act on their perceptions of a person 's characteristics (such as age, race or gender)” (National Institute of Justice, 2013).
With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.
In this paper, I will be explaining what the three strikes law is and its purpose. I will also be explaining why the three strikes law is controversial by defining the defending arguments from the pros and cons sides. I will also use relevant facts and statistics to demonstrate the response from the public in regards to the three strikes law. Lastly I will argue, why we should eliminate the use of the three strikes law due to its injustice to not only the criminals, but also to those of us who are innocent of crimes. The three strikes law was first passed in 1993 by Washington State to keep repeated criminals off the streets along with deterring crime (Clark et al, 1997).
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.