The 20 chapters in Courts, Law, and Justice cover a wide range of sharply contested topics, including drug and gun control laws as well as the ins and outs of the criminal justice system as encountered by arrested suspects, during the trial process, and during the sentencing phase. This volume looks closely at Miranda rights and the impact of polygraphs and DNA testing; legal and procedural issues during prosecution, including exclusionary rules and double jeopardy; and sentencing and punishment for crimes, including for offenses such as DUI and sex offenses. The role of the victim during the prosecutorial process is also examined. Addressing such engaging topics as asset forfeiture, DNA evidence, double jeopardy, expert witnesses and “hired guns,” eyewitness testimony and accuracy, insanity defense, the jury system, mandatory sentencing, plea bargaining, polygraphs, three-strikes laws, and more, the authors of this volume all closely examine the development of the justice system and consider the key opinions supporting or contesting the laws and policies used during investigation, prosecution, and sentencing. The SeriesThe five brief, issues-based books in SAGE Reference’s Key Issues in Crime & Punishment Series offer examinations of controversial programs, practices, problems or issues from varied perspectives. Volumes correspond to the five central subfields in the Criminal Justice curriculum: Crime & Criminal Behavior, Policing, The Courts, Corrections, and Juvenile Justice. Each volume consists of approximately 20 chapters offering succinct pro/con examinations, and Recommended Readings conclude each chapter, highlighting different approaches to or perspectives on the issue at hand. As a set, these volumes provide perfect reference support for students writing position papers in undergraduate courses spanning the Criminal Justice curriculum. Each title is approximately 350 pages in length.
Chapter 1: Asset Forfeiture
Asset forfeiture is loosely defined as the confiscation of property by the state of proceeds or instruments of a crime. It is a government practice deeply rooted in history, one that continues to be the subject of much contention today. It has become an integral part of the war on crime, shaped law enforcement practices, and led to a variety of legislative changes over the past several decades.
The debate over asset forfeiture centers on the necessity of finding a balance between the desire to control crime and the need to protect citizens' civil rights. Asset forfeiture is touted as a tool used by law enforcement to address the daunting task of controlling criminal activity. It is meant to serve as deterrent against ...