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Accountability crime and punishment general freedom government transparency moral hazard national politics & policies property rights

Equitable Stealing?

Is freedom a simple matter of drafting a lofty document about respecting the rights of citizens?

Alas, no.

Our Constitution does that, as does Turkey’s and, for that matter, so did the now-​defunct Soviet Constitution. Obviously, vigilance is also required. Keeping powerful government agencies respectful of the law — our liberties — and, when not, fully accountable for transgressions, is crucial.

That necessary vigilance is lacking here in America, today.

Your local police — the guys and gals who might respond if, heaven forbid, your home were broken into, or come upon your spouse broken down on a dark, rainy highway — are being encouraged to take people’s stuff … for “profit.”

It’s called civil asset forfeiture. This “legal” ability to stop people and snatch their money (or car or what-​have-​you) without ever charging anyone with a crime forces victims to hire a lawyer to sue the government to prove their stuff is innocent. 

Last Friday, I heralded a new Institute for Justice report on the growth of this dangerous practice of official police thievery. At Townhall on Sunday, I pointed out that even when reforms are enacted at the state and local level, federal law enforcement still facilitates civil forfeiture. The Feds encourage locals to continue taking stuff through a federal program known as “equitable stealing.”

No, my bad, it’s actually called “equitable sharing.”

But it’s the same thing, just with the Feds and locals splitting the loot.

We need new laws at the federal, state and local level that abolish forfeiture without a criminal conviction. If our “leaders” won’t act, we can petition at the local level to end this pernicious policy, forbidding any involvement with the Feds.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom judiciary moral hazard national politics & policies property rights

Our Innocent Stuff

The Institute for Justice’s new report, Policing for Profit: The Abuse of Civil Asset Forfeiture, details a “big and growing problem” that “threatens basic rights to property and due process.”

Through both criminal and civil forfeiture laws, governments can seize property used in — or the proceeds of — a crime. Criminal forfeiture requires that a person be charged and convicted of a crime to transfer title to government. Civil forfeiture, on the other hand, allows governments to take people’s stuff without being convicted — or even charged — with a crime.

No surprise that 87 percent of asset forfeiture is now civil, only 13 percent criminal. And governments are grabbing more and more. The federal financial take has grown ten-​fold since 2001.

“Every year,” IJ’s researchers document, “police and prosecutors across the United States take hundreds of millions of dollars in cash, cars, homes and other property — regardless of the owners’ guilt or innocence.” Then, the innocent victim must sue the government to have his or her stuff returned.

Incentive to steal? “In most places, cash and property taken boost the budgets of the very police agencies and prosecutor’s offices that took it,” an accompanying IJ video explains.

IJ’s report concludes that, “Short of ending civil forfeiture altogether, at least five reforms can increase protections for property owners and improve transparency.” Those five reforms are improvements, sure, but let’s end civil forfeiture completely.

It’s the principle!

Two principles, actually.

Civil forfeiture laws pretend law enforcement is taking action against our property, and that our property has no rights. But what about our property rights!

We’re innocent until proven guilty, too … and so is our stuff.

This is Common Sense. I’m Paul Jacob.


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civil forfeiture, civil asset forfeiture, crime, theft, police, abuse, property rights, Common Sense

 

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general freedom responsibility too much government

Security vs. Compassion?

My family isn’t in a position to take in any Syrian refugees.

Not that we’ve been asked.

Months ago, President Obama simply announced that “we” would take 10,000 refugees. After last Friday’s terrorist attack in Paris, and upon evidence that one of the perpetrators came into Europe with other refugees, 31 governors declared that their states will not accept Syrian refugees.

But note: this country doesn’t belong to Obama; those states don’t belong to those governors.

Back in September, I floated a different approach. “If I were president, I’d push for Congress to pass legislation specifically authorizing the acceptance of as many Syrian refugees as [Americans] stepped forward to sponsor.…”

“Sponsors could be individuals, families, churches, glee clubs, what-​have-​you, and would agree to cover costs for the Syrian person or family for one year or two or three,” I proposed. “But no welfare, no food stamps, no government housing.…”

Granted, my suggestion came before the latest terrorism. It was aimed not at security concerns but at sparing taxpayers. Why shouldn’t voluntary generosity dictate the extent of “our” generosity?

But come to think of it, my plan offers greater security, too. Why? It involves the personal faces of citizens, not merely a faceless bureaucracy. No matter how much vetting the government does, an ongoing link to an actual American provides another check.

There’s a legitimate debate about security vs. compassion. Millions are in need, displaced by terror — from both Daesh (ISIS) and the Assad regime. The Niskanen Center’s David Bier notes the resistance to accepting Jewish refugees prior to and during World War II, out of fear some might be spies. Christians may find Matthew 25:44 – 45 compelling.

On the other hand, there is undeniable risk. GOP presidential aspirants have called taking Syrian refugees “insane” and “looney.” Speaker Paul Ryan argues for a “better safe than sorry” pause.

Me? I support accepting the risk … but only if committed individual citizens step forward.

Not by any politician’s decree.

This is Common Sense. I’m Paul Jacob.


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Artwork based on original photo by Phil Warren on Flickr (endorsement of this message is not implied):

Categories
national politics & policies

Deep Thinker Kerry

Comparing Friday’s horrific shootings by Islamist terrorists to the events of last January, one-​time presidential candidate John Kerry noted that there is “something different about what happened from Charlie Hebdo. There was a sort of particularized focus and perhaps even a legitimacy in terms of — not a legitimacy, but a rationale that you could attach yourself to somehow and say, ‘OK, they’re really angry because of this and that.’ This Friday was absolutely indiscriminate. It wasn’t to aggrieve [sic] one particular sense of wrong. It was to terrorize people. It was to attack everything that we do stand for.”

Yes, Kerry pulled himself out of the fire pretty fast, but, even if he earnestly believes that (as Reason characterized it) “killing cartoonists is less appalling than killing concertgoers,” this was a thought better left unexpressed.

What could Kerry have been thinking?

Here’s a guess: John Kerry sees himself as a reasonable man. Reasonable men try to understand things. And in the course of trying to understand things, a reasonable man will likely explore all sorts of ideas, make uncomfortable comparisons, follow challenging arguments wherever they lead.

But Mr. Kerry does have a job: Secretary of State. This makes him a key mouthpiece for the United States of America … to the world, and about world events.

A Secretary of State should know that standing up for rights is his public duty. It is not spinning theories about motivation that could ominously pass as justification for slaughtering some folks but not others.

His statement may betray him mid-​thought, but hey: “everything we stand for” includes free speech and the press.

This is Common Sense. I’m Paul Jacob.


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John Kerry, Charlie Hebdo, Paris Attack, terrorism, Common Sense, Illustration

 

Categories
crime and punishment folly general freedom government transparency

Candid Camera

Support for criminal justice reform, especially the common sense use of body cameras for police, marks a bright spot for the Obama Administration.

Or so I thought.

The president has called on local police to don the video devices. He has even offered $75 million of his own hard-​earned money to help communities pay for the cameras. No, wait — turns out that $75M is not his personal stash but rather our tax money.

Oh, well. While I think local taxpayers should fund their own police forces, without federal subsidies, at least President O’s administration supports the right policy. No?

“The Justice Department is publicly urging local police departments to adopt body cameras, saying they are an important tool to improve transparency and trust …” reports The Wall Street Journal. “But privately, the department is telling some of its agents they cannot work with officers using such cameras as part of joint task forces …”

Weeks ago, the U.S. Marshals “announced that the agency wouldn’t allow any local law-​enforcement officers wearing body cameras to serve on Marshals task forces.…”

I’m only surprised that I’m surprised. I should have known that while preaching to others to use body cameras, the Obama Administration would completely ignore camera use for federal police agencies. I shouldn’t be shocked that it even failed to establish rules for working with local and state police who might be required to wear cameras, at the administration’s urging.

It’s a very candid snapshot of the utter hypocrisy we’ve come to know and loathe from Washington.

This is Common Sense. I’m Paul Jacob.


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body cam, body cameras, justice reform, feds, federal agents, U.S. Marshals , police, Common Sense

 

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crime and punishment folly free trade & free markets general freedom

Drive Free or Die

Ever told your kids to share? That’s aiding and abetting, you know.

Sharing is illegal.

At least, it is in Portsmouth, New Hampshire … regarding Uber.

The popular ride-​sharing company may be widely heralded as the flagship of the new sharing economy, but a Portsmouth city ordinance effectively blocks the service, requiring that the company provide background checks on all drivers, which Uber calls “draconian.”

While the company is trying to get the city to alter that mandate, several Uber drivers have ignored the ban, continuing to pick up passengers. In October, police stopped Stephanie Franz, who now faces a $500 fine.

Chris David has also continued to drive for Uber. After he recorded a verbal altercation with a cabbie on a city street and posted it to YouTube, David was charged with wiretapping — a felony.

Taxi companies are upset, too, claiming the ordinance creates “a free-​for-​all.” A Portsmouth Taxi executive bemoaned, “Anybody can come in.”

Before the ordinance took effect in September, only 28 cabs were allowed to operate. “That’s like limiting the number of restaurants and bars in Portsmouth to 28 to keep them full day and night,” argued Assistant Mayor Jim Spilane.

In the “Live Free or Die” state, barriers to earning a living and heavy-​handed criminal charges have led to the pro-​Uber slogan, “Drive Free or Die.”

Tonight at 6:30 pm, there’s a #FreeUber rally at the Portsmouth City Hall. If you’re nearby, please go help explain that government regulations ought to accommodate economic advances, not frustrate them.

That is, if you can find a legal ride.

This is Common Sense. I’m Paul Jacob.


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Uber, taxi, sharing, free uber, Common Sense