Tuesday, January 26, 2010

Asset forfeiture

So, you can lose your property without ever being charged for a crime:
Over the past three decades, it has become routine in the United States for state, local, and federal governments to seize the property of people who were never even charged with, much less convicted of, a crime. Nearly every year, according to Justice Department statistics, the federal government sets new records for asset forfeiture. And under many state laws, the situation is even worse: State officials can seize property without a warrant and need only show “probable cause” that the booty was connected to a drug crime in order to keep it, as opposed to the criminal standard of proof “beyond a reasonable doubt.” Instead of being innocent until proven guilty, owners of seized property all too often have a heavier burden of proof than the government officials who stole their stuff.
As with the case a year ago involving the girl strip-searched for ibuprofen, that there's even a controversy about this indicates that America's experiment with self-government has finally failed.

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