Civil Forfeiture and the War on Drugs: Lessons from Economics and History

Authors

Donald J. BoudreauxFollow
Adam C. Pritchard, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

1-1996

Abstract

This Article uses economic analysis to show how civil forfeiture’s role in the war on drugs creates contrary incentives for law enforcement officials and encourages abuses. The Article then reviews the history of civil forfeiture and the Supreme Court’s forfeiture jurisprudence, which seems incoherent. The Authors warn that the judiciary should be skeptical of civil forfeiture and its importance to the war on drugs. The Article proposes a constitutional framework, grounded in economics and history, to limit forfeiture abuses.

Recommended Citation

Boudreaux, Donald J. and Adam C. Pritchard. "Civil Forfeiture and the War on Drugs: Lessons from Economics and History." San Diego Law Review 33 (1996): 79-135.