Wednesday, November 12, 2014

Shakedown Breakdown

In the ever growing industry of Civil Asset Forfeiture, a lawsuit filed by two of its many victims, may see the light of day on this bizarre practice of taking individuals assets without any prosecution or conviction of a crime.

Now this case has to get through the court hurdles that start with summary judgment. This is phase one of a civil case and many cases get tossed on technicalities and other issues that are not even about the merit or legitimacy of the case as that would require some disclosure and exchange of information that these parties do not made public. Slamming the plaintiff however is fine as that is akin to the criminal system of debasing the defendant. Its why God made Tort law and the Lawyers who practice it rich. They are good at pointing out assholes. As they say "it takes one to know one."

The Washington Post discusses the case of the Iowa men here and today the Watch discusses a similar situation in Tennessee.

I have already put in may blog entries about the nefarious practices of law enforcements glee and subterfuge with regards to this practice.

With the advent of car and body cams it does shed a light on how this begins and then what transpires. Of course if the video doesn't "disappear." But regardless it begins with a very innocent traffic stop, which then turns into a snatch and grab. If not applicable then additional fees and fines will be added to ensure that the traffic stop becomes a major issue that will fund the city coffers regardless.

Owning a car is just another version of stop and frisk. And with implied consent laws is basically gives law enforcement an opportunity to charge you with whatever crime that will generate additional monies. With the ever growing legal use of marijuana expect to see a rise in DUI charges as that is the largest fee generator with averages of costs as high as $18K overall costs if found guilty. And like anything we generalize the risk and the level of drugs and/or alcohol required to be at risk but hey that junk science is here to support the misconceptions and beliefs of a criminal justice system run amok.

But the long term affects is what we ignore. The jobs lost, the professional accreditation's lost, the stigma, the credit ratings, housing lost, education lost, the long term costs to cities to somehow extort or further imprison people for largely victimless crimes and in turn inability to pull oneself up and out when they drag you in. Crimes are now, regardless of the type are ones for life.

The ones who get rich are the cities, the cops and the Attorneys who do nothing to change it as they all have hands out and in that purse.


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