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

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.