Tag Archives: civil asset fofeiture

No budget? No Problem!

Found this brochure for an asset forfeiture conference aimed at state and local law enforcement. The location of the conference is Hollywood, Florida during April 15-16 2009. The brochure advertises a variety of seminars designed to educate local law enforcement about the forfeiture process and how to turn seizeable property into money that goes to law enforcement budgets.

Most tellingly, the brochure starkly proclaims that law enforcement can become self-funding free of legislative constraints:

In last twenty years economists from Oliver Williamson to Ronald Coase famously declared “Incentives matter”. And we are learning that they do matter very much, particularly in terms of how institutions and structures function. If structures like representative democracy need clear and distinction separation of powers to function well (if at all), then they need to happen through incentive-compatible channels. Democracy itself breaks down when executive branch agencies conduct their affairs in obscure and impermeable fashions, obtain funding without regard for legislative stipulation and judicial mandate, and lose the incentives to listen to the communities that they serve.

Because when the federal government helps law enforcement pay their bills free of our consent, we lose the ability to shape the policies that guide our law enforcement. Now federal dollars incentivize law enforcement to prioritize cases and methods that result in property they can seize, rather than prosecute crimes of violence that are less lucrative. We serve search warrants on people who have never been implicated in the least hint of violence with paramilitary squads in the land where Patrick Henry once declared “Give me freedom or give me death”. In Missouri, our legislators and judges told us that crimes where fines or forfeiture happened would be prosecuted fairly and the money given to schools, to help the young do greater things that we can. This is no longer the case, and we are incalculably poorer for it.

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