Send comments, tips,
and suggestions to:
DrugWarRant
Join us on Pete's couch.
couch

DrugWarRant.com, the longest running single-issue blog devoted to drug policy, is published by the Prohibition Isn't Free Foundation
facebooktwitterrss
January 2012
M T W T F S S
« Dec   Feb »
 1
2345678
9101112131415
16171819202122
23242526272829
3031  

Archives

Authors

A criminal justice system ruled by greed

Americans for Forfeiture Reform report on another cash grab, this time by prosecutors. Buried in a proposed New York State bill is a measure that “was inserted at the request of prosecutors, especially Manhattan District Attorney Cyrus R. Vance Jr.”

The measure increases the percentage of forfeiture takings that the DA’s office can keep. It also wildly expands what can be seized.

The worst part of the bill would allow courts to forfeit any property that is somehow involved in an offense if the person charged with the offense jumps bail.

2. IN THE EVENT OF A PENDING CRIMINAL CASE IN WHICH A DEFENDANT HAS ABSCONDED FROM THE JURISDICTION OF THE COURT, THE COURT MAY ORDER FORFEITURE OF ANY PROPERTY, REAL OR PERSONAL, CONSTITUTING, OR DERIVED FROM, PROCEEDS OBTAINED DIRECTLY OR INDIRECTLY, AS THE RESULT OF ANY VIOLATION OF THE THIS CHAPTER, AS WELL AS ANY PROPERTY, REAL OR PERSONAL, INVOLVED IN ANY VIOLATION OF THIS CHAPTER, OR ANY PROPERTY TRACEABLE TO SUCH PROPERTY.

Note that it does not limit forfeitures to the property of the accused that jump bail. Rather, property involved in an offense where a defendant absconds from jurisdiction is subject to forfeiture. Thus, your property is subject to seizure if someone skips bail and your property is allegedly involved in, or traceable to property involved in, an offense that gave rise to their criminal charge. As stated, you needn’t have any culpability to lose your property. Indeed, you might face the forfeiture of your property because of a crime against you or your property.

There’s a lot more here. These forfeiture schemes are really bad law, but what makes it worse is that the thieves themselves are writing the laws that let them steal “legally.”

Post to Twitter Post to Facebook Post to Reddit Post to StumbleUpon

20 comments to A criminal justice system ruled by greed

  • darkcycle

    All I can say is: 600 years of witch trials.That is the precedent, they even shamelessly continue to use the inquisitor’s term…deodand.

    • Duncan20903

      .
      .

      Did you know that they’re still hunting witches in some places in Africa? No fooling. “At least 50 women are languishing in prisons across Malawi for witchcraft-related offences.”

      I wonder, in the right circumstances would certain select American authorities point to witchcraft related crime in Africa and fete the Puritans for ridding our country of witches? They weren’t lunatic assholes but good citizens that did their civic duty and brought an end to witchcraft in North America. The fact that we have no witchcraft related crime is rock solid proof you know.

      You might be interested in looking into the relationship between witches and elective abortions, as well as its relationship to cannabis. It seems that back in the days of the black plague there were people who would give cannabis to plague victims which offered significant palliation. Calling the war on (some) drugs an equivalent to the witch hunts may actually be less than accurate. Not an equivalent, the same damn thing minus the eye of Newt and horn of toad.

      This guy does say it wasn’t because of medicinal cannabis:
      http://antiquecannabisbook.com/chap2B/Church/Witch.htm

      I’ve read other stuff that says cannabis played an integral role in at least escalating the situation. One last video clip to nauseate the viewer. This man is stark raving mad:
      Exposing how Satan uses drugs like marijuana to accomplish his purposes.

      • kant

        Well in fairness we do have a growing population of Wiccans

        • Duncan20903

          Black magic women certainly do make the Devil out of me.

        • Windy

          I’m a non-practicing witch, I just don’t have the time, anymore, for researching a spell, gathering the necessary components and then the whole rigamarole of casting a circle and binding the spell. Tho the pagan religion, the Olde Religion (which is a balanced matriarchal nature religion) is closer to what I believe about spiritual matters, witchcraft is not a religion for me as it is for Wiccans, it’s a science. And someday I will have time to explore it again.

          BTW the PNW is a hot spot of paganism.

  • If you live in Connecticut and want to end marijuana prohibition in our state, please take a minute to visit http://www.ctprimaryproject.com.

    Please pass this on to anyone you know in Connecticut!

  • claygooding

    From what I have put together,thanks to the history channel mostly,,the early churches scorned herbal medicine users because the Druids used herbal medicines and were like the local drug stores of their day.

  • Cold Blooded

    Whatever happened to “Due Process” as the standard to deprive someone of property, like in the 5th amendment? Why is the standard only “probable cause” here? Serious question for the legal beagles out there.

  • divadab

    Why would a prosecutor want to set up a system that encourages the police to be racketeers? We’re talking about a systematic flaw here – it’s like giving your bookkeeper the sole authority over cash disbursements – it’s a temptation to steal made worse by the lack of internal control.

    I suspect that in the case of Mr. Vance this is a feature, not a bug. What a blatantly corrupt sleaze.

  • Servetus

    The history of the witch hunts and inquisitions is clear on the subject of forfeiture or confiscation. We can expect the worst to emerge from the forfeiture laws as long as such laws exist.

    Forfeiture appears based on assumptions that it’s okay for governments to commit crimes against certain types of alleged moral criminals, who in turn are made powerless to fight back. It’s a rationalized persecution-for-profit scheme, and its enactment on this continent is sufficient evidence to conclude that the United States is a corrupt and persecuting society.

    The right of we the people to be secure in our persons, houses, papers, and effects against unreasonable seizures is violated repeatedly using drug hysteria as an excuse. This is the same government that allows banksters and similar corporate goons to retain the proceeds of their thefts; at taxpayer expense, no less. It’s also a government which refuses to indict its own leaders for torturing POWs.

    This disinterest in and avoidance of justice by the government regarding government itself will empower it to continue to commit crimes against American citizens using forfeiture laws and other means. Forfeiture is a major column that adds financial support to prohibition. Confiscation of assets has been blamed by historians for greatly extending the length of time the various inquisitions operated. Forfeiture’s destruction is equally essential to ending the drug war.

  • darkcycle

    Have i mentioned recently how much I hate this wonderful new technology stuff?

    • Duncan20903

      .
      .

      You need to learn to be grateful. Think of how many more people get to listen to you complain because of the Internet.

      Me, I’m starting to feel like Bill Murray v the gophers in Caddyshack. I found out the other day that homeowner’s insurance doesn’t pay for squirrel damage. So, it doesn’t pay for floods, earthquakes, black mold damage, damage sustained during the course of a crime, fires labeled “suspicious” and now varmints. So, am I actually paying for anything more than “peace of mind?” Is my mortgage holder getting a kickback from the insurance company?

  • You can’t imagine how satisfying it is to my jewish side to know now that the entire world can hear me kvetch.