Asset forfeiture

Once someone is arrested, the use of asset forfeiture (the seizing of money, cars, or even homes said to be involved with drug trafficking) raises another contentious issue. In many cases the seizing of assets is treated as a civil rather than criminal matter. This means that the authorities do not need to prove guilt beyond a reasonable doubt. Since the proceeds of seized assets are often included in the police budget, there is added incentive to use this tool expansively. 

For trafficking, penalties are based on the schedule for the drug in question, the amount of drug, whether it is the person s first or second (or subsequent) offense, and (in some cases) whether another person s death or serious bodily injury is involved. The various permutations make determining the sentence for a given individual fairly complex. To this must be added the possibility of civil penalties and asset forfeiture. 

The ACLU is one of the nation s oldest and most formidable advocates for civil liberties. With regard to drug law enforcement, the ACLU is particularly concerned about issues such as disparities in sentencing that affect minorities, racial profiling, asset forfeiture, and drug testing. 

Asset Forfeiture Executes forfeiture of profits and proceeds of designated cri mes or property used in drug trafficking crimes... 

The contamination does call into question the validity of police searches and asset forfeiture based solely on trace amounts of cocaine on currency. U.S. courts are increasingly rejecting cocaine-tainted paper money as evidence that the owner of that money was involved in drug activity. 

Ending asset forfeiture abuses and restoring constitutional protections against unreasonable searches and seizures ... 

The UNODC s Legal Advisory Programme promotes adoption and practical implementation of these conventions. It addresses the needs of States that have outdated drug control legislation, are most vulnerable to criminal activity, or lack success in major prosecution and asset forfeiture casework. The program advises states on the drafting, adoption, and application of all necessary legislation. 

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