Not Robbed Until Proven Guilty

You are “innocent until proven guilty” in America, with one big exception: Under civil forfeiture laws, police don’t have to prove that a crime has actually been committed in order to seize your property. And once your boat or car is stolen by your government, the burden falls to you to prove your stuff is innocent.

Police departments are getting rich from the loot they seize from folks never convicted of a crime. As the Institute for Justice argues, civil forfeiture laws provide an ugly incentive for police “to enforce the laws in ways designed to maximize forfeiture income rather than to minimize crime.”

Now a challenge has reached the U.S. Supreme Court. Alvarez v. Smith concerns six people whose property was seized by Chicago police, though three of them were never charged with a crime.

The Institute for Justice, the Cato Institute, the ACLU and the Reason Foundation have filed amicus briefs arguing that due process was denied.

In favor of more free-wheeling civil forfeiture are a number of state governments, the National Conference of State Legislatures, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors and other groups representing government entities that spend the proceeds from the seized loot.

During oral arguments, Judge Sonia Sotomayor asked the pertinent question, “You take the car and then you investigate?”

Backwards justice is no justice at all.

This is Common Sense. I’m Paul Jacob.

3 Comments so far ↓

  1. Oct
    28
    11:17
    AM
    Walkshaunt

    Please look at these articles related to Minneapolis area property seizures and the corruption associated with it. An alternative point is that the seized property is never claimed because the gang members have no desire to get it back.

    http://www.startribune.com/local/stpaul/60103947.html?elr=KArksUUUoDEy3LGDiO7aiU

    http://www.startribune.com/politics/state/55138252.html?elr=KArksUUUoDEy3LGDiO7aiU

  2. Oct
    28
    12:28
    PM
    Nelson Lee Walker

    It is the corrupt career politicians
    in Congress who are responsible for our growing loss of liberty.

    The only infallible, unstoppable, guaranteed way to get a truly new Congress is :
    NEVER REELECT ANY INCUMBENT! AND DO IT EVERY ELECTION!

    Voters must IMPOSE term limits by NEVER REELECTING INCUMBENTS , AND DO IT EVERY ELECTION! Don’t let anyone serve more than one term. Some of the reasons:

    • It gives us a one-term, term limited Congress without using amendments
    • It would be supported by 70% of the country who want term limits for Congress
    • It is completely non-partisan
    • If repeated, it ends career politicians dominating Congress
    • It opens the way to a “citizen Congress”
    • It ends the seniority system that keeps freshmen powerless
    • It doesn’t cost you any money. But you MUST vote! Just don’t vote for an incumbent
    • It is the only guaranteed, infallible, unstoppable way to “Throw ALL the Bums Out”
    • It takes effect immediately the day after Election Day
    • If it doesn’t work, do it again and again! It will work eventually, I promise.

    NEVER REELECT ANYONE IN CONGRESS. AND DO IT EVERY ELECTION!

  3. Oct
    28
    9:42
    PM
    William Cook

    In the field of labor laws, many of them now assume the guilt of the charged party until proven innocent. These laws so state the the charging party’s position will be presumed correct unless and until the charged party proves their innocence.
    Lots of strange things happening in this land of the free.

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