Policing/ Equitable Sharing Program
Money-hungry cops are
angry about the forfeiture reform that Attorney General Eric Holder announced
last Friday, which suggests it's a move in the right direction. But contrary to initial press reports, the new policy
represents a modest change to the rules governing civil forfeiture, which
allows the government to take people's assets without accusing them of a crime.
"Civil forfeiture is
fundamentally at odds with our judicial system and notions of fairness,"
two former directors of the Justice Department's Asset Forfeiture Office observed in a Washington Post op-ed
piece last fall. "Civil forfeiture laws presume someone's personal
property to be tainted, placing the burden of proving it 'innocent' on the
owner."
Holder did not address
that central issue, which is beyond his power. Rather, he modified the Justice
Department's Equitable Sharing Program, which lets police and
prosecutors use federal law to dodge state restrictions on forfeiture.
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