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New Hope for Civil Forfeiture Reform
The Dispatch ^ | July 2 | Brad Polumbo

Posted on 07/06/2020 6:01:39 PM PDT by RandFan

A bipartisan bill in the Senate offers the opportunity for some improvement on the criminal justice front.

.. Amid growing concerns over racial inequality in the criminal justice system, “civil asset forfeiture” is facing renewed scrutiny.

On June 25, Sens. Rand Paul, Angus King, Mike Crapo, and Mike Lee reintroduced their bill, the “Fifth Amendment Integrity Restoration Act,” to limit civil asset forfeiture and restore due process rights.

Through civil asset forfeiture, federal and state-level law enforcement can seize private property they merely suspect is related to some criminal activity. Examples of seized property include cash, vehicles, and even homes. No charges or convictions are required for police to confiscate this property. (Alternatively, in the less-common process of criminal asset forfeiture, a conviction is required.) In an inversion of the principle of “innocent until proven guilty,” Americans must pursue a lengthy, complicated, and costly appeal process to get their property back.

According to the public interest law firm the Institute for Justice (IJ), the Department of Justice takes in roughly $4.5 billion annually from civil asset forfeiture. And it happens at the state level in most of the country as well. Texas, for example, took in $50 million in 2017 through criminal and civil asset forfeiture combined. IJ examined the fairness of civil asset forfeiture laws to grade all 50 states and gave 35 a “D+” or worse.

Why are law enforcement agencies so aggressive with the practice? Critics describe it as “policing for profit.”

Per the Institute for Justice, “In 43 states, police and prosecutors can keep anywhere from half to all of the proceeds they take in from civil forfeiture.” The assets go into their own department’s coffers, not back into the general treasury.

Click Excerpt link for examples of Civil Asset Forfeiture...

(Excerpt) Read more at thedispatch.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: crime; felonsunite; ky; rand; wod
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1 posted on 07/06/2020 6:01:40 PM PDT by RandFan
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To: RandFan

Watch the Bush League Republicans come together to stop this.


2 posted on 07/06/2020 6:03:01 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: RandFan

Ending this “legalized” theft of American citizens’ property will go a long ways to help “reform” the police and our “justice” system.


3 posted on 07/06/2020 6:10:25 PM PDT by faithhopecharity (Politicians are not born, theyÂ’re excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: RandFan

I wish they would use that against illegals. If the illegals had the idea that they could lose everything because they have broken our laws, they would self-deport.


4 posted on 07/06/2020 6:19:31 PM PDT by VanShuyten ("...that all the donkeys were dead. I know nothing as to the fate of the less valuable animals.")
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To: faithhopecharity

Not sure if it will pass. I maybe wrong but King is technically an ‘independent’ so no Democrats on the bill.


5 posted on 07/06/2020 6:20:06 PM PDT by RandFan (3C)
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To: RandFan

There doesn’t need to be “some improvement” it needs to end.


6 posted on 07/06/2020 6:22:10 PM PDT by Husker24
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To: Husker24

Politicians will do anything to keep the racket going.

No Dems on the bill says it all ...

Half the GOP will vote against it so I doubt this can pass the Senate..


7 posted on 07/06/2020 6:25:20 PM PDT by RandFan (3C)
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To: Lurkinanloomin

Maybe defunding the police is not such a bad idea after all. People could band together to hire private security forces then, and there wouldn’t be any police to snatch away your possessions under civil forfeiture. And if they tried to keep on taxing people at the same rate,as if they were paying police salaries and retirement then just don’t pay the taxes, who is to come and collect?

With private security forces so many problems would evaporate. There wouldn’t be cops standing around watching quietly while BLM beats people up and murders people and sets up roadblocks. Private security forces wouldn’t be under the thumb of corrupt Democrat mayors telling them to stand down, because they’d not be accountable to the mayors and we know the GOP is not, in so many places, going to run a candidate against Dim mayors and Dim city councils. It would remove armed force from the control of these corrupt cities and even small towns, and return power to the people.

Just a thought.


8 posted on 07/06/2020 6:30:44 PM PDT by squarebarb ( Fairy tales are basically true.)
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To: squarebarb

The ‘defund’ the police thing is a joke.

All they’re going to do is rename the police department to something more palatable like “community officers” or whatever.

They will still be the police ... and they will still confiscate innocent people’s property!


9 posted on 07/06/2020 6:36:11 PM PDT by RandFan (3C)
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To: RandFan
Politicians will do anything to keep the racket going.

Fun fact: the first civil asset forfeiture law was passed by the First Congress, and signed into law by President George Washington.

10 posted on 07/06/2020 6:46:22 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurkinanloomin

The Democrat House will stop this bill. It’s too lucrative to stop.


11 posted on 07/06/2020 6:47:31 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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To: RandFan

L8r


12 posted on 07/06/2020 7:09:46 PM PDT by preacher ( Journalism no longer reports news, they use news to shape our society.)
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To: squarebarb

I think that’s an interesting idea. I hope some people look into this more, what the pros and cons might be. It seems almost every situation going private works better. I’m not sure how it would work in the really poor areas though.


13 posted on 07/06/2020 7:18:58 PM PDT by boxlunch (The US Pravda ( MSM), Demcheviks, leftists, Chicomms, Soros. All in this together.)
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To: Lurking Libertarian

“Fun fact: the first civil asset forfeiture law was passed by the First Congress, and signed into law by President George Washington.”

Link?


14 posted on 07/06/2020 7:36:05 PM PDT by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: VanShuyten

The problem is they use it against citizens and people who have NOT broken any law. And even after people are exonerated by a court, the police refuse to return their property or have already sold it off - and refuse to pay them for it.

Still think it’s a good idea?


15 posted on 07/07/2020 1:43:35 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: VanShuyten

https://www.vox.com/policy-and-politics/2017/12/1/16686014/phillip-parhamovich-civil-forfeiture


16 posted on 07/07/2020 1:49:23 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: RandFan

If Senator Rand Paul supports it, so do I.


17 posted on 07/07/2020 1:54:05 AM PDT by Drew68
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To: RandFan

Battle of Athens


18 posted on 07/07/2020 2:33:56 AM PDT by hadaclueonce ( This time I am Deplorable)
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To: RandFan

This is a rare time I agree with the left


19 posted on 07/07/2020 2:41:30 AM PDT by wardaddy (I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you run the tra)
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To: RandFan

Like I said I’m guilty of

Didn’t read past headline

My bad


20 posted on 07/07/2020 2:42:45 AM PDT by wardaddy (I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you run the tra)
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