Civil Asset Forfeiture Reform Act (CAFRA, 2000)

1) Link to the Text of the Act
Read the statute (18 U.S.C. § 983)

2) Why It Was Done
Civil asset forfeiture allowed law enforcement to seize property suspected of being connected to crime, often without charging the owner. CAFRA was passed to strengthen due process protections for property owners while preserving forfeiture as a law enforcement tool.

3) Pre-existing Law or Constitutional Rights
Forfeiture practices pre-date CAFRA and were widely criticized for violating Fifth Amendment due process and Fourth Amendment protections against unreasonable seizures. CAFRA added procedural safeguards.

Criminal Justice & Due Process – Timeline of Key Acts

Federal criminal justice reform has focused on balancing law enforcement authority with constitutional protections for individuals. Below is a timeline of major acts that continue to shape modern due process and sentencing.

Civil Asset Forfeiture Reform Act (CAFRA, 2000)

• Established procedural safeguards for property owners in civil forfeiture cases.
• Required the government to prove forfeiture cases by a preponderance of evidence.
• Created an “innocent owner” defense and hardship release provisions.

First Step Act (2018)

• Major bipartisan sentencing and prison reform law.
• Reduced mandatory minimums for certain drug crimes, expanded the “safety valve” exception.
• Made the Fair Sentencing Act (2010) retroactive, addressing crack/powder cocaine disparities.
• Expanded rehabilitation and early release opportunities for federal prisoners.

Why It Matters Today

These reforms:

First Step Act (2018)

1) Link to the Text of the Act
Read the statute (Pub. L. 115–391)

2) Why It Was Done
The Act was passed to address concerns over mass incarceration, sentencing disparities, and prison conditions. It emphasized rehabilitation, reduced certain mandatory minimum sentences, and sought to give nonviolent offenders a fairer chance at reentry.

3) Pre-existing Law or Constitutional Rights
Before this Act, harsh sentencing laws from the 1980s “War on Drugs” era disproportionately impacted minority communities. The First Step Act amended prior sentencing laws, expanded programs under the Bureau of Prisons, and applied reforms retroactively.