07-21-2017, 07:03 PM
prower2b Wrote:Asset forfeiture is appropriate for
1. objects apparently used in the commission of a crime. So one busts a pimp with some runaway girls having been turned into prostitutes... and he is apparently transporting his 'wares' in a late-model "Pimpmobile". The vehicle could reasonably be seized but stored for a return to the accused in the event of a non-conviction. The video equipment in use by a creator, distributor, or user of child porn could be seized and put under custody for return in the event of a non-conviction. This would be true whether it is camera equipment or studio props in use in making the stuff, a supplier's vehicle used in transporting it, or a porn user's television and playback gear -- maybe the sofa on which he sits to watch it.
The above is not civil asset forfeiture. That's something like held in safe keeping. You're implying the accused gets his/her stuff back. "The vehicle could reasonably be seized but stored for a return to the accused in the event of a non-conviction." is not civil asset forfeiture. Civil asset forfeiture can rob you of your stuff even without a conviction. That's why it's so evil. Any statute that has that term needs to be ripped up and burned. I also don't like the word , "apparently" in any law/statute either. It's a nebulous subjective word what means like "seems like" , "could be", "more likely is/is not". The word, "appear" also has this problem. Example:
She appears to be pregnant. <- This sentence is messed up. She is pregnant, or she is not. That's also why any used of those words in laws/statutes like the US legal code defines
terrorism as such.
So... the US has been ruled by clowns. Laws/statutes should be, IMHO, clearly stated. Never mind all of the cruft there is. The Republicans have a good narrative I'm going to steal. "Repeal and replace" is actually a good idea in many cases. Stuff like repeal/replace Obamacare with Medicare for all, repeal/replace Medicare payroll tax due to issues with that tax base with a WTO compliant VAT tax. Taxes go up, private insurance and their "networks" go away, tax code is a real good thing to repeal/replace. Add VAT tax here, add X/Y tax here. X/Y tax is just a progressive income tax that starts at whatever to compensate for regressive VAT tax. X/Y tax = you make X income from all sources no matter where income originated and pay Y tax. Just repeal laws that forbid competition like you can't get your prescriptions in Canada/Europe/Mexico/ and wherever the FDA approves which drugs from which country are safe.
Quote:2. Perishables to be sold on the fair market or supplied to the general public for purposes of welfare. Proceeds must be held in trust for return to someone not convicted.
Like the above you're not describing civil asset forfeiture.
Quote:3. Overt contraband, like counterfeit coins and goods, illegal drugs, illegal weapons, child porn, material in violation of the Endangered Species Act, or devices used in illicit gambling. Most of this can be destroyed because there could be no lawful owner.
Close. I'd legalize all gambling though. I don't think we agree of course on "illegal drugs". Weed and peyote should just be legalized. shrooms and LSD should just be scheduled prescriptions. LSD has some promise, so it should be legal under medical supervision.
Quote:4. Revenue in whole or part used in the commission of a crime or proceeds of a crime. Again, the funds should not be disbursed or goodies sold until a conviction is made. Property should be kept in escrow.
That , like the above does not happen with civil asset forfeiture. Modern day highway robber governments use it to feather their nests. The laws/statutes should have what you mentioned below as the first option. You'd get something like the assets being held pending trial shall be used for restitution upon conviction ... or... the assets being held pending trial shall be released to the state of X general fund or federal treasury as the case may be. The condition of fund/property being released to a non law enforcement entity shuts down the incentive for local governments to do aforementioned feather nesting. As for the several states, they'd by default have to release their civil asset takings to again, a third party. I'd add the phrase below to keep congress from screwing stuff up.
Congress is forbidden from using funds obtained from civil asset forfeiture from anything else except to refund it to offset deficits. After all, like I was saying, we're dealing with clowns. I do think these changes should be popular enough such that if nagging congress members now and following through on just a "replace" is a nice starting point for this narrative. So you see, Republicans can be useful in rare cases. Repeal/replace all the way baby.
Quote:5. Stolen goods that are otherwise licit -- to be returned to lawful owners or insurance companies for which a claim is made.
That's really a good idea for real. The above is called restitution, FWIW.
---Value Added