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c ing a single marijuana plant. As a result,.~merieuns convict- professor at Yale Law Sa.-~I, in come cases a house can he ed of a marijuana felony, even if they are disabled, may no seized if it contains books on marijuana cultivation. The U. S. longer receive federal welfare or food stamps. Convicted Supreme Coun ruled last year that the govemment can seize murderers, rapists, and child molesters, however, will con- property even when its owner had n', involvement in, or time to receive these benefits. knowledge of, the crime that was committed. When propeny is seized, its legal title passes instantly to the govemment. The Forfeitures 8"d I n fo rm e is burden of proving its "innocence" falls upon the original owner In 1994 assets worth roughly $1.5 billion were forfeit- 8D E RA L prosecutors now have an extraordinary ed under state and federal laws. In perhaps 80 percent of those amount of power in drug cases. A U.S. attorney can de- cases the owner was never charged with a crime. The forfeit- termine the eventual punishment for a drug offense by ore statutes hove deepened [he injustice of the war on drngs deciding what quantity of drugs to list in the indictment, by enabling wealthy defendants to surrender propeny in re- whether amandatory-minimum sentence should apply, and turn for shorter sentences; plea-bargain negotiations often whether to press charges at all. Drug offenses differ from turn into haggling sessions worthy of a Middle Eastern souk. most crimes in being subject to federal, state, and local laws. The proceeds from an asset forfeiture are divided among The federal government could prosecute any and every marl- the law-enforcement agencies involved in [he case, a policy juana offender in the United States if it so desired, but in a that invites the abuse of power. Former Justice Department ~~ical yeaz it charges fewer than one percent of those arrest- officials have admitted in newspaper interviews that many ii ed. By choosing to enter a particulaz case, u federal prosecutor forfeitures are driven by the need to meet budget projections. can greatly affect the penalty for a marijuana crime. In 1985 The guilt or innocence of a defendant has at times been less Donald Clark, a Florida watermelon farmer, was arrested for important than the availability of his or her assets. In Cali- growing marijuana, convicted under state law. and sentenced fornia thirty-one state and federal drug agents raided Donald to probation. Five yeazs later the local U. S. attorney decided P. Scott's 200-acre Malibu ranch on the pretext that marijua- to prosecute Donald Clark under federal law for exactly the na was growing there. Scott was inadvertently killed dur- ing the raid. No evidence of POLITICIANS ARE REFUSING TO ADMIT ais~o°e°ed;n~`~da~'~~bses quest investigation by the THE TRUE COST OF THE NATION'S DRUG LAWS. "WE'RE NOT BEING Ventura county District At- NONEST TO THE PUBLIC OR TO OURSELVES "SAYS STEWART 1. torney's office found that r the drug agents had been GREENLEAF~ A PENNSYLVANIA STATE SENATOR WHO WROTE A TOUGH motivated party by a desire to seize the SS million ranch. DRUG-SENTENCES LAW THAT HAS FLOODED HIS STATE'S PRISONS They had obtained an ap- praisal of the property weeks WITH LOW-LEVEL OFFENDERS WNO CANNOT BE PAROLED. "THESE before the raid. In New Jer- LAWS JUST HAVEN'T WORKED AS WE PLANNED." ley, Nicholas L. Bi,Seu ,r. a local prosecutor known as the Forfeiture King, helped same crime. Clark was found guilty and sentenced to life in an associate to buy land seized in a marijuana case for a prison without parole. A Justice Department spokesman yuot- small fraction of its market value. In Connecticut. Leslie C. ed in Smoke and Mirrors later defended [he policy of trying Ohta, a federal prosecutor known as the Queen of Forfeit- drug offenders twice for the same crime: "The intent is to ores, seized the house of Paul and Ruth Derbacher when get the bad guys off the scree[ with apologies to none." their twenty-two-year-old grandson was arrested for keeping Under civil forfeiture statutes passed by Congress in the marijuana there. Although the Derbachers were in their 1980s, the federal govemment now has the right to seize real eighties, had owned the house for almost forty years, and estate, vehicles, cash, securities, jewelry, and any other prop- had no idea that their grandson kept pot in his room, Ohtu in- eny connected to a marijuana offense. The government need silted upon forfeiture of the house. People should know, she not prove that the propeny was bought with [he proceeds of argued, what goes on in their own home. Not long after, illegal drug sales, only that i[ was used-or was intended to Oh[a's eighteen-year-old son was arrested for selling LSD be used-in a crime. A yacht can be seized if a single joint is from her Chevrolet Blazer. Allegedly, he had also sold mari- discovered on it. A farts can be seized if a single marijuana juana from her house in Glastonbury. Ohm was quickly plant is found growing there. According to Steven B. Duke, a transferred out of the U.S. attorney"s torfeiture unit-bm