$this->bbcode_second_pass_quote('', 'A')sset For feiture Run Amok
Lawrence W. Reed
LibertyHaven....
Seizing property from the innocent - or at least from people who haven't been convicted of a crime - is not always drug-related. Consider the case of John and Tina Bennis of Royal Oak, Michigan.
On October 3, 1988, police found John Bennis engaging a prostitute in the front seat of his car. Bennis was convicted of indecency and fined $250. The police then obtained a civil court order to seize Bennis's car as a "public nuisance."
Tina Bennis, who as John's innocent wife endured the troubles and embarrassment that attended her husband's indiscretion, was halfowner of the vehicle. She had helped pay for the car with her babysitting income and used it to take the couple's five children to and from school. But the authorities refused to recognize that she had any interest in the vehicle. In a 1996 decision with far-reaching implications, the US. Supreme Court upheld the authority of the government to punish Tina Bennis for the actions of her husband by keeping the car.
These cases involve an alarming practice known as "civil-asset forfeiture." Not unique to Michigan, they are occurring in every state all across America with disturbing frequency. In civil-asset forfeiture cases, the government may do little more than meet the most minimal threshold for alleging that criminal activity has taken place. No criminal charges need to be filed, and no convictions need to be gained for law enforcement authorities to seize and keep the property of citizens. Indeed, even an acquittal on any criminal charges to which seized property relates will not necessarily immunize an individual from a forfeiture proceeding. If the owner wishes to recover his property, he has the burden of showing that it was not used in the commission of a crime.
Enacted to help the government nail "drug kingpins" and other big-time lawbreakers, forfeiture laws often scoop up the homes, cars, and cash of ordinary law-abiding citizens. The police usually oppose any curbs on the practice because they normally get the cash or the profits from the sale of seized property.
Civil-asset forfeiture operates on the principle that the property, not the individual, commits the crime. This legal fiction allows the government to "punish" property, leaving the owners themselves without the rights normally available to accused persons. But the very notion does violence to these pillars of law in a free and civilized society: people commit crimes, inanimate property does not, and people are innocent until they are proven guilty.
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