Routledge Open Research (Jan 2023)
Proposal for policy change in the procedure of civil asset forfeiture [version 1; peer review: 2 approved]
Abstract
Without the proper due process, the civil asset forfeiture procedure violates the constitutional rights of citizens. The proposal aims to address the current right granted to the police to seize the property of civilians. The authorizing laws established by the Assets Forfeiture Fund and the Equitable Sharing Program are problematic in offering a loophole for the abuse of the property rights of American citizens. While some states have abolished the practice, federal laws still support their enforcement. The deficiencies in the policies raise discussion of the issue of policies for profit as a major aspect of civil asset forfeiture. This proposal is to outlaw instances of civil asset forfeiture without due process on the federal level. On the state level, the preferred outcome would also include reform by repealing the laws allowing property seizure. The resistance to change in the legislature should be addressed by securing the success of the policy, taking advantage of the current unpopularity of unregulated asset forfeiture, and creating the base for integration of the process on the federal level. The proposal calls for identifying stakeholders, analyzing their views, and strengthening their support. The social and political opposition should be addressed by putting emphasis on fundamental American values. The action plan and implementation process are built upon efficient communication by the policy committee to engage stakeholders and the wider public in the process. With clearly defined priorities and budget allocation, the policy will ultimately evolve into a legislative and organizational tool. Using the strategies of ascertainment of stakeholders and reframing issues to ensure appeal to American values, the change at federal and state levels will be achievable. While the change will lead to debate, significant improvement and the protection of rights is attainable in due process.
