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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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civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

 

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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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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 general freedom too much government

Why Police-State Tactics?

What do the War on Drugs, the War on Terror, and campaign finance law have in common?

Police-state tactics.

Most folks now understand how the War on Drugs and the War on Terror can erode civil liberties — but how does campaign finance law fit in with the other two?

My weekend Townhall column explains.

Several years ago, Wisconsin’s Republican Governor Scott Walker sought to tame public unions in his state, and against much opposition — quite a bit of it national — not only succeeded in changing law but beat back a recall vote as well.

So Democratic Milwaukee County District Attorney John Chisholm orchestrated a crack-down on conservative groups supportive of Walker’s reforms, complete with night-time SWAT-team raids on the homes of activists who were, they judged, “on the wrong side.”

The thin rationale was possible campaign finance violations, the idea that citizens and their organizations “coordinating” with the governor to advocate for public policies is somehow illegal.

The police state tactics were used because they were available. And obviously thought to be politically acceptable. That the courts have now ruled the means — indeed, the whole probe by prosecutors — unconstitutional doesn’t negate the terrifying fact that the state used such horrific methods to attack peaceful people.

Clearly, people in government have used understandable fears regarding drugs and terrorism to erode our liberties, even when the “crimes” they fight with such illiberal overkill have nothing — absolutely nothing — to do with drugs or terror.

Except the drug that is — and the terror wielded by — out-of-control government.

This is Common Sense. I’m Paul Jacob.


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Law Corrupted

 

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crime and punishment general freedom too much government

Marauding Cops

Policemen who perpetrate acts like those I am about to describe should be imprisoned.

That’s not an anti-police statement, it’s a pro-law-and-order one. Anybody who vandalizes the property of innocent people and pointlessly terrorizes them, whether flashing a badge as prelude or not, should be arrested, prosecuted, convicted and punished.

Santa Ana police raided a medical-marijuana dispensary, a legal business in California. Why? Solely because it lacked a license.

Techdirt.com, which has videos of the raid, suggests that although “having the proper paperwork in place is important” — and it sure seems to be if not-being-raided is also important to you — the shop was in line to get the license. The process had been bogged down by local politics.

Nevertheless, officers on site “treated this lack of proper paperwork like it was the Zeta Cartel operating under its nose. The video captured by the dispensary’s cameras shows heavily-armed cops — some wearing ski masks — smashing through two doors and yelling at the peaceably-assembled customers to lie on the floor.”

We then see the jolly officers sampling the shop’s foodstuffs, playing darts, and ripping cameras off the wall.

They missed a couple. (Hence Techdirt’s extensive video coverage.)

Motive? It seems apparent that they engaged in all this abusive authority-flaunting just because they could.

And there is no real doubt that they knew what they were doing was wrong, and they knew that we would know. That’s why they went for the cameras.

Just like any gang trying to get away with something.

This is Common Sense. I’m Paul Jacob.


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Out of control cops

 

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folly general freedom government transparency national politics & policies too much government

Safety, Savings and Symbolism

How can the U. S. save $2.5 billion a year, reduce the federal workforce by 4,000 hires, and engage in a symbolic act of undoubted patriotism, all at the same time?

Get rid of the Department of Homeland Security.

Matt A. Mayer, a former DHS employee who claims to have “written more on DHS than just about anyone,” writes in Reason that dismantling DHS would increase co-ordination and decrease inefficiencies.

Since DHS was put in place, in 2003, to increase governmental co-ordination in the face of terrorist threats, Mayer’s charge that it serves the opposite cause should . . . give us pause.

Establishing the DHS didn’t get rid of turf wars. Why would it? It increased the turf rather than merely reroute chains of communication and command. All other agencies still exist. Extra turf exacerbates co-ordination difficulty.

And then there’s what state and local law enforcement faces: “the multi-headed hydra.” The federal operation remains fragmented, which “only ensures that key items will fall through the cracks between these departments, whose personnel spend far too much time fighting each other for primacy than they should. Our enemies couldn’t ask for a more fertile environment within which to attack us.”

I added the italics, for emphasis.

Ever since Jimmy Carter ran for the presidency on consolidating bureaucratic departments in the nation’s capital, but delivered, instead, new departments, the “logic” of adding new bureaucracies onto old has proven to be the “easy answer” for insiders. But a transparent failure, for everyone else.

So, start over. Get rid of the inefficient monster.

And take heart: republics don’t have “homelands”; empires do. Let’s stop playing the wrong game.

This is Common Sense. I’m Paul Jacob.


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NSA Hydra

 

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folly general freedom nannyism

A Spring in Their Step?

The “Free State” — Maryland — just got a little freer.

Deborah Ramelmeier, Social Services Administration head honcho, has laid forth from her mighty public perch in Maryland’s Department of Human Resources an official directive to the state’s Child Protective Services (CPS).

She finally addressed the issues in the Meitiv case.

You’ll recall that Danielle and Alexander Meitiv allowed their 10-year old son and 6-year old daughter to walk home together, without a parent or guardian or attorney present, from a public park a mile away. Silver Spring police snatched the two children off the street last December and so began a Maryland CPS investigation for neglect.

In April, the Meitiv kids were again caught flagrantly walking home from a park. This time they were held for more than five hours by police, then CPS, before their frantic parents were informed and the family reunited.

In the midst of threats, accusations, and fears, the CPS neglected to do the one sensible thing you’d expect: articulate a policy position defining just when or how or even if ever children are allowed out in public without constant and direct adult supervision.

That smidgen of sanity came last week, in Ms. Ramelmeier’s otherwise boring, bureaucratic 23-page directive. “Children playing outside or walking unsupervised does not meet the criteria for a CPS response absent specific information supporting the conclusion that the child has been harmed or is at substantial risk of harm if they continue to be unsupervised.”

Shazam! Just like that, “playing outside” and “walking unsupervised” are once again legal.

The children won’t be arrested! And their parents won’t be investigated or threatened with losing their little ones!

This is Common Sense. I’m Paul Jacob.


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Free State

 

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crime and punishment

Cops as Robbers

If there’s anything that cops should not be, it’s robbers.

By “cops” I mean anyone, including prosecutors, charged with protecting us against criminals. The guardians should not become predators themselves.

Thankfully, these two presumptively opposite categories of men have not become wholly indistinguishable — yet. But every day brings more evidence that we’re skating closer to that abyss.

Consider the police raid on the Michigan home of Ginnifer Hency, whose alleged crime was possession of marijuana with “intent to deliver,” i.e., to use it to assuage her own disease-caused pain, as well as that of others for whom she is a registered caregiver. Hency is fully compliant with all state law. A judge has therefore dismissed the charges wrongly brought against her.

At least one official involved in the case, then, has exhibited the respect for rights and justice that all should be exhibiting.

Good.

But questions remain.

Why was her home raided to begin with? Why was she charged? Why did police use the raid to grab loot, everything from TV sets to her kids’ cell phones and iPads?

And why, after the charges were dismissed, did a prosecutor gloat that he didn’t have to return Hency’s belongings, that “I can still beat you in civil court”?

Actually, we don’t need to know the motives of such thugs to know that they must be stopped.

The Michigan House is considering bills that would make this type of legalized robbery harder.

It should also be punishable.

This is Common Sense. I’m Paul Jacob.


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Police Crooks

 

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crime and punishment folly general freedom too much government

Police State Blues

No reason anymore to even feign surprise at today’s police state insanities.

At Townhall yesterday, I bemoaned the six-hour kidnapping of a 10-year-old Maryland boy and his 6-year-old sister for the terrible crime of peacefully walking home from a public park. The children were grabbed just a couple blocks from their home . . .

. . . by police, who held them for over two hours before handing them to Montgomery County Child Protective Services.

It was hours before anyone contacted the panicked parents.

There’s no law prohibiting kids from walking down a public street, but bureaucrats are threatening this poor family over just that.

So, I guess we shouldn’t be shocked that when an 11-year-old boy disagrees with what he’s being taught in school about marijuana, and explains that his mother has used cannabis oil to treat her Crohn’s disease and his mother is not a criminal, (a) he’s going to be detained and grilled by authorities and (b) his mother may soon become a criminal.

A raid on Shonda Banda’s home indeed turned up two ounces of cannabis oil. Ms. Banda could be facing felony drug charges in Kansas, where she now lives, but she used to live in Colorado, where her use of cannabis oil would be legal.

The Washington Post’s Radley Balko identifies the absurdity: “a woman could lose her custody of her child for therapeutically using a drug that’s legal for recreational use an hour to the west.”

Today she has a custody hearing over her son.

The state “protection” being afforded the children in both of these cases isn’t protecting them. It’s terrorizing them.

This is Common Sense.  I’m Paul Jacob.


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Children in a police state

 

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crime and punishment

Cause of Death in Utah

Utah is the happiest state in the country — we’re told. Though the state does have high suicide rates, those might be explainable in biochemical terms, neatly enough. So what are we to make of the Beehive State’s disturbing pattern in other-person homicide?

Police shootings dominate the stats:

A Salt Lake Tribune review of nearly 300 homicides, using media reports, state crime statistics, medical-examiner records and court records, shows that use of force by police is the second-most common circumstance under which Utahns kill each other, surpassed only by intimate partner violence.

And, as the Tribune explains: “so far this year, deadly force by police has claimed more lives — 13, including a Saturday shooting in South Jordan — than has violence between spouses and dating partners.”

The article goes on to talk about police training and other important issues surrounding police use of deadly force, but the long-term trends and are not clear.

We know that violent crime is going down in the country. Are police shootings going up, or have they merely remained stable against the rest of the violence?

Such issues were not addressed in the article. And over at Reason, Anthony L. Fisher brings up the fundamental problem: “This article serves as a useful reminder that there is no national database of shootings by police, and save for a few journalists, academics and sports websites, no efforts to create one.”

The issue is vital, for we give a lot of power to police personnel. And power can corrupt them as much as anyone else. But until we have better information, the big picture remains far too fuzzy.

This is Common Sense. I’m Paul Jacob.