In a country plagued by gross injustice and blatant criminalization of communities of color, we must ask ourselves: should property receive more rights than people? The phrase “innocent until proven guilty” is a phrase that has echoed in our minds since we were children and is one of the most recognizable values of our justice system. The principle of due process, which dates back to the signing of the Magna Carta in 1215, is meant to protect Americans from abuse of power. Yet today, it is nothing more than a faint glimmer of a forgotten promise. Law enforcement has seemingly twisted this fundamental right into nothing more than a mere option when convenient. In fact, there was a time when law enforcement legally stole more property from Americans through asset forfeiture than criminals did through burglary and other criminal activity. Unfortunately, this is the blatant reality: the system that was meant to safeguard our right to due process has become a well-oiled machine of legalized theft.

This paper broadly discusses civil asset forfeiture by explaining its purpose, historical background, and critical legislative changes. Then, it explores the broader issue of racial disparities in policing, followed by a more focused analysis of how these disparities manifest in civil asset forfeiture practices across the United States. It also discusses the legal challenges accompanying civil forfeiture and the financial incentives that drive forfeiture practices. It concludes by reviewing recent reform efforts to address these systemic issues, examining the impacts of the changes on the affected communities, and providing broad recommendations for civil forfeiture reform.

To understand the current landscape of civil asset forfeiture and its disproportionate impact on communities of color, it is essential first to examine how the practice works, its legal foundations, and its evolution over time.