-Caveat Lector-
>From NYTimes, Op-Ed
February 24, 1999
Forfeiting Property and More
By IRA GLASSER
I n "Through the Looking Glass," the White Queen announces a new
legal doctrine: "Punish first and then get on with the trial."
Mayor Rudolph Giuliani seems ready to emulate this logic.
First he announced that New York City would seize the cars of
people accused of drunk driving and return the cars if the people
were acquitted. Then he decided he'd keep the cars of those
acquitted as well.
"Let's say somebody is acquitted," the Mayor explained, "and it's
one of those acquittals in which the person was guilty, but there
is just not quite enough evidence." So now the Mayor gets to decide
who is "really" guilty, never mind the evidence or a jury's
unanimous decision. Do you feel safe?
But perhaps Mr.
Giuliani has done us all a favor by raising the subject of civil
asset forfeiture. Under a 1984 Federal law, Federal officials can
seize property suspected of being used in a crime, without
arresting anyone. Many states have similar laws.
By arresting property instead of people, the Government does an
end-run around the Constitution.
Since property has no rights, the argument goes, no notice is
required, no prior hearing is required, and evidence beyond a
reasonable doubt isn't required -- a neat trick.
But consider the consequences. A couple in Connecticut lost their
home because Federal agents found drugs in their grandson's room. A
landscaper who bought supplies from nurseries that demanded cash
payments was seized when he paid for an airline ticket with a
portion of the $9,600 he was carrying. Federal agents assumed he
was a drug dealer, and though he had no police record and no
involvement with drugs, they confiscated all his money.
In another case, a man with glaucoma who owned a 90-acre farm in
Kentucky grew a few marijuana plants on the advice of his
ophthalmologist, who was authorized by the Federal Government to
test marijuana for the medical treatment of the disease. The
ophthalmologist testified that it was the only medication that
could help. The Government confiscated his farm anyway.
In other cases, state and Federal authorities have taken cars,
homes, restaurants and cash. Usually they sell the assets and keep
the proceeds. There is now close to $3 billion in the Federal
"Asset Forfeiture Fund," and local police departments have padded
their budgets as well.
Many people who have had their property seized are not even
arrested or charged with a crime. The statutes authorizing these
seizures do not require a prior hearing. Worse, the Supreme Court
has upheld seizures of this kind, so reform almost certainly will
require legislation.
Modest reforms are pending in Congress with a bill sponsored by
Representative Henry Hyde, who has called civil asset forfeiture
"Kafkaesque." But these reforms are not enough.
Civil asset forfeiture is unfair and un-American. It deserves to be
resisted by all citizens, any one of whom may one day be its
victim.
Ira Glasser is executive director of the American Civil Liberties
Union.
_________________________________________________________________
Home | Site Index | Site Search | Forums | Archives | Marketplace
Quick News | Page One Plus | International | National/N.Y. | Business
| Technology | Science | Sports | Weather | Editorial | Op-Ed | Arts |
Automobiles | Books | Diversions | Job Market | Real Estate | Travel
Help/Feedback | Classifieds | Services | New York Today
Copyright 1999 The New York Times Company
DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance�not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://home.ease.lsoft.com/archives/CTRL.html
http:[EMAIL PROTECTED]/
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
