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crime and punishment general freedom government transparency judiciary moral hazard national politics & policies property rights too much government

Government Burglars

If you try to compare those police who take people’s money and property through civil asset forfeiture laws to burglars, who rob folks in more traditional ways, you are just not being fair.

To the burglars.

The Institute for Justice recently released an updated Policing for Profit report showing that federal asset forfeiture topped $5 billion in 2014. The FBI disclosed that in that same year $3.5 billion of value was lost in burglaries.

Then, folks did the math.

Steven Greenhut’s piece at reason​.com was headlined, “Cops Now Take More Than Robbers.”

At The Washington Post Wonkblog, Christopher Ingraham explained there was an especially big haul in seized assets in 2014, including $1.7 billion from Bernie Madoff. Moreover, the dollar figure for burglary doesn’t include larceny, motor vehicle theft, etc. All such theft combined totaled more than $12 billion that year.

So, law enforcement isn’t stealing quite as much from citizens as the criminals they are supposed to be protecting us from are. Sort of a backhanded compliment, though.

Recent polling finds more than 70 percent of Americans opposed to seizing assets without a criminal conviction, i.e. innocent until proven guilty, but taking cash and cars and stuff from folks never charged with or convicted of a crime has become a big business for “our” government.

When legislation to mildly reform civil forfeiture failed recently in California, Mr. Greenhut called legislators’ votes “about money, not justice.” Ferocious lobbying by the California District Attorneys Association and the California Police Chiefs warned money-​grubbing legislators that budgets would take an $80 to $100 million hit.

Theft is apparently quite lucrative. Who knew?

This is Common Sense. I’m Paul Jacob.


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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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folly general freedom moral hazard nannyism

A More Perfect Turkey

Let’s talk Turkey. Not the bird, the country. America has fallen behind in yet another category: preposterous promises by politicians.

It’s becoming clear that Bernie Sanders, Vermont’s independent “democratic socialist” U.S. Senator and now Democratic Party presidential contender, is a piker, a penny pincher, a cheapskate, a tightwad, a Scrooge. At least, by comparison.

It’s one thing to promise free stuff — say, zero-​priced college for everyone! — but is the generous senator willing to give entrepreneurs $100,000 to start a business?

Turkish Prime Minister Ahmet Davutoğlu is.

Well, 100,000 Liras anyway.

In the run-​up to Sunday’s Turkish election, the fearless leader of the Justice and Development Party announced his plan to subsidize new businesses.

And so much more. And why not? “Once you have a job, salary and food. What is left?” Davutoğlu rhetorically asked last week, answering, “A wife.” He told male citizens: “first consult your parents and, God willing, they will find you a suitable one. If they don’t, you can come to us.”

Meanwhile, no U.S. candidate proposes any government support whatsoever for men seeking wives. Or women seeking husbands … or wives. Or men seeking husbands. Etcetera.

No dating subsidy, either, or help with high wedding costs — not even a Costanza regulation to protect brides from the dangers of deadly wedding invitation envelopes.

Of course, government big enough to give folks everything they desire is also big enough to take everything — including free speech — away. This week, Turkish police stormed two “opposition” TV stations taking them off the air days before the vote.

That could never happen here, though … could it?

This is Common Sense. I’m Paul Jacob.


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Common Sense general freedom ideological culture moral hazard national politics & policies tax policy too much government

Weekend with Bernie: Hard Looker?

What is a “democratic socialist”?

According to leading presidential candidate and Senator Bernie Sanders, such a socialist “takes a hard look at countries around the world who [sic] have successful records fighting and implementing programs for the middle class and working families.”

I don’t believe him. He shows his cavalier attitude in his next few words: “When you do that you automatically go to countries like Denmark, Finland, Norway, Sweden …”

Competent comparative economics doesn’t simply focus on a few policies one happens to admire and then trumpet them for America. Other countries following Bernie-​branded socialist policies are in or headed into the proverbial toilet, i.e. PIGS (Portugal, Italy, Greece and Spain).

The common-​on-​the-​left meme runs like this: “No Other Advanced Country,” which Kevin D. Williamson handily demolishes in a recent article:

If we are to go around the world cherry-​picking policies from happy countries, we might pass over French paid-​leave laws in favor of the Swiss capital-​gains tax (generally 0.00 percent) or the Swiss national minimum wage (there isn’t one), or Finland’s very liberal (in the good sense of that word) education system, or Sweden’s free-​trade regime and its financial-​regulatory system. We’d have to make radical improvements on our federal balance sheet to get our public debt down to Norwegian levels.

American success has never really been about copycatting Europe. We need to look hard at those who pretend otherwise — like nova Bernie, the rising star of the left, who’s now besting Hillary in polls in New Hampshire and Iowa.

And about “democratic socialism” — extreme redistributionism in a putative republic — Bernie needs to look hard at the worldwide experience … not hardly look.

This is Common Sense. I’m Paul Jacob.


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Weekend with Bernie Sanders

 

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individual achievement moral hazard responsibility too much government

Finding a Mission

Iraq War vet Daniel Gade is a lieutenant colonel, professor of public policy, and triathlon competitor with a message for fellow veterans: disability pay may be doing you more harm than good.

Having lost a leg in combat himself, he submits that he is a messenger somewhat harder to dismiss than some others would be.

Professor Gade criticizes how the government puts vets with relatively mild problems in the same category as those with true disabilities, and gives them incentives to stay out of the job market.

An example is the Individual Unemployability program, which treats veterans rated as at least 60 percent disabled as if they are 100 percent disabled as well as 100 percent long-​term unemployable. Demonstrating that level of disability and unemployability to the satisfaction of the government means a bump in monthly benefits from $1,200 to $3,100.

“It’s a trap,” Gade insists.

He is working with private donors on a pilot program for vets. His idea is to give grants to develop employment skills rather than to maintain unemployment. Participants must forego any attempt to increase their disability pay by seeking a higher disability rating.

According to one soldier who gave the professor’s pitch a hearing, the government’s system to help vets “is just ‘Give me the money, who cares about anything else.’”

Gade’s proposal, on the other hand, “says go out and work, be productive, feel good about yourself. There is where we do well. If we don’t have a mission, we don’t do well.”

Accept the mission.

This is Common Sense. I’m Paul Jacob.