Saturday, May 23, 2015

A national epidemic. A national disgrace!----The Government Incentive to Seize Property

The Government Incentive to Seize Property [Michigan Capitol Confidential]:
"...“To describe forfeiture is to condemn it.”
Civil asset forfeiture law operates in a radically different way than criminal law, with far lower procedural safeguards.
When authorities stop a driver or raid a person's house, the individual enters the criminal justice system, with the right to a public defender and the presumption of innocence until proven guilty.
In contrast, when a person's property is seized, it is "tried" under the far less rigorous safeguards of the civil justice system. 
A person who wishes to redeem his or her property through the court system labors under a burden to prove a negative — that the car, cash, or other seized object taken by authorities was not used to commit a crime, nor was it the proceeds of a crime.
In some cases an owner must pay a fee (called a bond) even to get a hearing before a judge.
In addition, an indigent owner has no right to a public defender. 
Korobkin argued that this unfairly “punishes [defendants] for being poor."
The outcome of the criminal case — assuming charges are even filed — has no impact on the disposition of the individual's property.
All three panelists cited instances of abuse, including citizens losing cars or large amounts of money without ever being charged with a crime.
One explanation why prosecutors and law enforcement continue to seize property under this law is the strong incentive it provides them: The proceeds from any seized property supplement local police budgets...

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