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Archive for the ‘Crime’ Category

It’s impossible to imagine the evil and/or the sickness that would lead a person to massacre strangers in a church.

But it’s very easy to predict the political aftermath of such a tragedy. Folks on the left (some well-meaning, some not) immediately urge more gun control.

I have constitutional objections to their approach, but I realize that line of reasoning doesn’t matter to the anti-Second Amendment crowd, so I generally focus the conversation on the practical shortcomings of such initiatives.

  • Why, for instance, will it make a difference to ban scary-looking rifles when other weapons have the exact same functionality?
  • Or if they want a total ban, I ask them if they have a feasible plan to confiscate the hundreds of millions of guns in the country?
  • Do they actually think signs declaring so-called gun-free zones will discourage or deter murderers from butchering innocent people?
  • Is it likely that criminals will obey gun control laws when they already disregard laws against murder, rape, robbery, and assault?
  • If they argue guns cause crime, what is their response to the link between expanded gun ownership or decreases in violent crime?

Let’s focus on that last point, which is especially relevant since the death toll in Texas presumably would have been much higher if a good person with a gun didn’t put a stop to the mayhem.

Here are some excerpts from the Washington Post‘s report on what happened.

Johnnie Langendorff stumbled into the crossfire in a total accident. …As he passed the church…he saw…A man clad all in black was…trading shots with another man holding a rifle. …The man in black hauled off in his SUV. The second man with the rifle — a neighbor identified Monday by Arkansas-based 40/29 News as Stephen Willeford — approached Langendorff. The two men were strangers. Willeford said his daughter heard gunshots at the nearby First Baptist Church and told him she’d seen a man in all-black attire… A former NRA instructor…, Willeford immediately sprung into action. …Willeford raced across the street to the church and confronted Kelley… Langendorff said Willeford “briefed me quickly on what had just happened and said he had to get him.” “So that’s what I did.” …the two men shot off in pursuit in Langendorff’s truck… Langendorff wove his truck at high speed through traffic while trying to catch the fleeing SUV. The speedometer crossed 95 mph while the driver narrated everything to law enforcement. …Kelley’s vehicle…veered off the roadway and into a ditch… Langendorff pulled his own truck within 25 yards. …Police were on the scene within five to seven minutes… An autopsy of Kelley showed that he was shot twice — once in the leg and again in the torso — before shooting himself in the head… On Sunday night, Langendorff explained that his reaction — jumping into a car chase — was a simple calculation. “He just hurt so many people, he affected so many people’s lives, why wouldn’t you want to take him down?”

The Wall Street Journal editorializes on some of the implications.

…forgive us if we focus on Stephen Willeford, the local plumber who saved lives by grabbing his rifle and firing at Kelley. …The two locals are being hailed as heroes since their quick action was the only deterrent to more murders until police arrived. Kelley, who was discharged from the Air Force for bad conduct, should not have been able to obtain a gun legally, but the Journal reports that the military failed to send his conviction record to the FBI. The harsh reality of mass murders is that often only the presence of someone with a legal weapon to shoot back can stop the rampage. …No one wants crowds of vigilantes looking for someone to shoot, but we’re sure glad Stephen Willeford had a rifle and knew how to use it.

Rich Lowry of National Review applauds the heroism of the two Texans who acted to save lives.

Before the Texas church shooter encountered any police officers, he was run off a highway and dead. He had been shot and chased by two private citizens who took it upon themselves to respond to a heinous crime when no one with a badge was anywhere to be found. …The response by the two bystanders who refused to stand by…was a characteristically small-town American act of self-reliance that shows, no matter how tattered our civil society may be, it still produces people who will risk life and limb for others without hesitation, unbidden by anything other than their own sense of obligation. When Stephen Willeford, 55, heard of the shooting, he left his house barefoot with his AR-15 and started exchanging fire with Kelley outside the church. An expert shot, Willeford hit Kelley and reportedly aimed for the gaps on his body armor. When Kelley got in an SUV and sped off, Willeford jumped in Johnnie Langendorff’s truck and told him to give chase. …Willeford and Langendorff would have been justified in considering their work done when the shooter left the scene of his massacre. They would have been justified in considering it done when he crashed his vehicle. They instead were prepared for another gunfight in the cause of incapacitating him themselves.

And he warns about the real-world implications of gun control.

Any gun-control measure that is sweeping enough to make a dent in the country’s gun stock and render gun ownership difficult enough to, at the margins, keep firearms out of the hands of psychopaths will inevitably affect law-abiding people as well. In places like rural Texas that would rightly be considered a serious imposition. Without a gun, if something goes wrong, the only option is sitting and waiting for the authorities to show up.

Amen. Cops play an important role, but usually after a crime is committed. As this image illustrates, when seconds count, the police are minutes away.

So let’s make life harder for bad people by letting good people defend themselves.

By the way, some people are blaming the Air Force for failing to place the murderer into the system since that would have barred him from legally buying a gun. I’m sure that was an oversight rather than a deliberate decision, so I’m reluctant to make that a big issue. I’m actually more concerned that this dirtbag abused his family and fractured the skull of a one-year old child, yet was jailed for only one year.

Call me crazy, but that seems ludicrously lax. Heck, we put old people in jail for five times longer for trivial offenses such as failing to file a form. Shouldn’t grievous bodily harm to an infant have harsher implications? This is almost as crazy as fining a gun owner $1,000 after he saved a child’s life.

Let’s conclude by returning to the main issue of today’s column. In the past, I’ve joked about gun-loving Texans (the difference between conservatives, liberals, and Texans, the Texas v. Europe approach to fighting terrorism, and Texas, California, and the coyote), but today let’s be glad one of those guys used his “assault rifle” to save lives.

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While I focus on economic issues, particularly what’s happening with fiscal policy, I maintain my libertarian “cred” by periodically pointing out that victimless crimes should be legalized. Even if I don’t particularly like the activities.

  • I don’t approve of drugs and I’ve never used drugs, but I think the social harm of prohibition is greater than the social harm of legalization.
  • I don’t particularly like alcohol and I am almost a teetotaler, but I’m glad there’s now a consensus that the social harm of prohibition was greater than the social harm of legalization.
  • I find gambling to be boring and I worry about people who ruin their family’s finances by over-indulging, but the social harm of prohibition is greater than the social harm of legalization.

And now it’s time to dive into the issue of prostitution. Intellectually speaking, of course (even though people don’t like economists pontificating about sex).

It’s becoming an issue because some governments in the United States are looking to legalize sexual/monetary relations between consenting adults. Such as Washington, DC, which is famous for a different form of prostitution.

A D.C. lawmaker has proposed a bill aimed at decriminalizing sex work in the nation’s capital. David Grosso (I-At-Large) introduced the Reducing Criminalization to Improve Community Health and Safety Amendment Act of 2017 on Thursday. He said he developed the bill after working with the Sex Worker Advocates Coalition. “I believe that we as a society are coming to realize that excessive criminalization is causing more harm than good, from school discipline to drug laws to homelessness,” said Grosso.

And Hawaii.

Hawaii lawmakers are considering decriminalizing prostitution in the Aloha State after House Speaker Joseph Souki introduced a bill. …Transgender activist Tracy Ryan says she’s pushing the bill because transgender women in the sex trade are disproportionately impacted by criminalization laws. …Souki says he takes no position on the bill, but he introduced it as a favor to Ryan.

So what should lawmakers decide?

The Economist has a very sensible view on legalization.

…the sheer seediness of prostitution is just one reason governments have long sought to outlaw it, or corral it in licensed brothels or “tolerance zones”. NIMBYs make common cause with puritans, who think that women selling sex are sinners, and do-gooders, who think they are victims. …for many, both male and female, sex work is just that: work. …We have dissected data on prices, services and personal characteristics from one big international site that hosts 190,000 profiles of female prostitutes… The results show that gentlemen really do prefer blondes, who charge 11% more than brunettes. …Prostitutes themselves behave like freelancers in other labour markets. They arrange tours and take bookings online, like gigging musicians. They choose which services to offer, and whether to specialise. They temp, go part-time and fit their work around child care. …Moralisers will lament the shift online because it will cause the sex trade to grow strongly. …But everyone else should cheer. Sex arranged online and sold from an apartment or hotel room is less bothersome for third parties than are brothels or red-light districts. Above all, the web will do more to make prostitution safer than any law has ever done. …Governments should seize the moment to rethink their policies. Prohibition, whether partial or total, has been a predictable dud. It has singularly failed to stamp out the sex trade. …And prohibition has ugly results. Violence against prostitutes goes unpunished because victims who live on society’s margins are unlikely to seek justice, or to get it. …Criminalisation of clients perpetuates the idea of all prostitutes as victims forced into the trade. Some certainly are—by violent partners, people-traffickers or drug addiction. But there are already harsh laws against assault and trafficking. …When Rhode Island unintentionally decriminalised indoor prostitution between 2003 and 2009 the state saw a steep decline in reported rapes and cases of gonorrhoea. Prostitution is moving online whether governments like it or not. If they try to get in the way of the shift they will do harm.

My view, for what it’s worth, is that prostitution is sad and tragic in probably 95 percent of cases. But adding criminal penalties on top of the human cost doesn’t make a bad situation any better.

Prohibition may not stop prostitution, but it does make violence more likely.

Being a sex worker in the United States…means that you are likely vulnerable to extreme rates of physical, sexual and emotional violence, facilitated by the criminalization of the sex trade and the social stigma associated with those who engage in it. Sex worker advocates and the World Health Organization alike have recommended a fix that could dramatically improve sex worker safety, which has been proven to work in other parts of the world: decriminalize sex work. …in the U.S., …the rate of violence against sex workers is four times higher than it is in places where commercial sex is legal. …A study from the Urban Justice Center’s Sex Workers Project found 46% of sex workers experienced violence in the course of their work. Another study from SWP found that an overwhelming majority of street-based sex workers — 80% — reported being threatened or beaten. …Decriminalization of sex work would have a clear effect on sex worker safety, according to SWOP-USA communications director Katherine Koster, and it could be the key to reducing the threat of violence. …Koster told Mic. “When New Zealand decriminalized sex work, 70% of advocates, sex workers and social service providers who work with sex workers said that sex workers were more likely to reach out to the police if they experienced violence.”

Here’s a chart from the article.

This is simple common sense. In a legal market, it’s much easier for prostitutes to control their environment and to know the identity of customers. Both of those factors make crime more risky for bad guys.

Legalization not only would reduce violence against sex workers, it probably would reduce overall sex crimes.

 Does prostitution increase or decrease sex crimes? …Our research focuses on indoor prostitution. In states where prostitution is illegal, indoor prostitution usually occurs in strip clubs, gentlemen’s clubs, and as part of escort services. Indoor prostitution may increase sex crimes if prostitution reinforces the view of women as objects and therefore encourages violence against women. Alternatively, prostitution may reduce sex crimes if it is a substitute for sex crimes. In addition, indoor prostitution establishments may keep potential sex-crime offenders away from potential victims, leading to further substitution away from sex crimes. Our analysis benefits from a unique data set with daily precinct-level information for New York City (NYC). …We exploit exogenous variation in the date of registration of indoor prostitution establishments to provide causal evidence of these establishments on sex crimes using crime data at the daily level. …We find that the presence of an indoor prostitution establishment in a given precinct leads to a 0.4 percent daily reduction in sex crimes per precinct. …We find that sex crime is reduced since potential sex offenders are indoor prostitutes’ customers. …the results suggest that potential sex offenders prefer to use the services offered by these establishments rather than committing sex crimes. Furthermore, these results suggest that sex crimes and indoor prostitution are substitutes.

Unsurprisingly, former President Jimmy Carter isn’t on the right side. Though he wants to shift the punishment.

If paying for sex is normalized, then every young boy will learn that women and girls are commodities to be bought and sold. There is a much better policy option. …Pioneered in Sweden and adopted most recently in Canada and France, this strategy involves decriminalizing prostituted women and offering them housing, job training and other services. Instead of penalizing the victims, however, the approach treats purchasing and profiting from sex acts as serious crimes. …demand for prostitution has fallen dramatically under this model. Conversely, Germany and New Zealand, which have legalized all aspects of prostitution, have seen an increase in sex trafficking and demand for sexual services. Critics of the Nordic model assert that mature adults should be free to exchange money for sex. This argument ignores the power imbalance that defines the vast majority of sex-for-cash transactions, and it demeans the beauty of sexual relations when both parties are respected.

I actually like the world that Carter envisions. But wishing and hoping isn’t going to make the sex trade disappear.

Though prostitutes may get replaced by robots at some point. Needless to say, they don’t like competition.

Europe’s first sex robot brothel has been forced to move after real-life prostitutes complained sex dolls were stealing their trade. …the brothel, not far from La Rambla in the heart of the city has now moved to a mystery new location with a receptionist saying the address would only be given out to paying customers. Prostitutes who work in the city with Aprosex – the Association of Sex Professionals – objected saying a doll cannot match the services of a real person and denigrates real sex workers to merely being an object. …Janet, a prostitute with over 30 years in the industry, who works in the city’s Raval district said: “It is another strategy of the patriarchy that presents us as objects without rights or soul. A privilege of the wealthy classes.” …Municipal police in the Catalonian capital also launched an investigation into the legality of the brothel which offered clients sex with realistic state-of-the-art polymer sex dolls after it opened late last month. …The brothel offered the services of four life-like dolls which cost around £4,373 ($4,300, €5,000) to produce and are made in the US and made out of thermoplastic elastomer, charging punters around £105 (€120) for two hours.

Now that we’ve spent time looking at the serious side of the issue, let’s look at the quirky interaction of the world’s oldest profession and the world’s second-oldest profession. The Daily Caller reports on what’s being proposed in Germany.

The German Green Party wants to grant people with severe health issues taxpayer-funded access to prostitutes. Green Party Spokeswoman Elisabeth Scharfenberg imagines a system where doctors can issue prescriptions to sick people who can’t afford prostitutes on their own account. …The idea is modeled upon a similar system in the Netherlands, where people can receive need-based state grants with a medical note stating they can’t get sexual satisfaction any other way.

Taxpayer-financed hookers already exist in the United Kingdom, so I guess I’m not surprised that German politicians are contemplating something similar.

And since German politicians have figured out innovative ways of taxing hookers (the Spanish government has a more conventional approach), maybe it’s only fair that tax money gets plowed back into the industry.

In Nevada, for what it’s worth, prostitution gets a special tax loophole.

Meanwhile, Russia’s boss actually advertises on behalf of his nation’s streetwalkers.

President Putin bragged that Russian prostitutes were “without question the best in the world” yesterday.

Incidentally, since Putin already has recognized the Laffer Curve, he also should realize that it applies to…umm…adult entertainment. Indeed, excess taxation of prostitution has led to novel forms of tax avoidance in other countries.

By the way, here’s a tidbit from that Hawaii decriminalization story I already referenced.

The proposal also would end a state law that says police officers can’t have sex with prostitutes in the course of investigations.

P.S. Our left-wing friends have a strange fascination with prostitution.

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Over the years, I’ve been pleasantly surprised to find intellectuals on the left who are willing to risk opprobrium from their ideological peers by acknowledging that gun control doesn’t make sense.

  • In 2012, I shared some important observations from Jeffrey Goldberg, a left-leaning writer for The Atlantic. In his column, he basically admitted his side was wrong about gun control.
  • Then, in 2013, I wrote about a column by Justin Cronin in the New York Times. He self-identified as a liberal, but explained how real-world events have led him to become a supporter of private gun ownership.
  • Most recently, in 2015, I shared a column by Jamelle Bouie in Slate. Bouie addresses the left’s fixation on trying to ban so-called assault weapons and explains that such policies are meaningless.

Now we have another addition to the list.

In a must-read column in the Washington Post, Leah Libresco admits that the research shows that gun control simply doesn’t work. She starts by openly confessing her bias.

Before I started researching gun deaths, gun-control policy used to frustrate me. I wished the National Rifle Association would stop blocking common-sense gun-control reforms such as banning assault weapons, restricting silencers, shrinking magazine sizes and all the other measures that could make guns less deadly.

She then points out that she and other researchers did a thorough investigation of gun deaths and found that restrictions on gun ownership would not have saved lives.

…my colleagues and I at FiveThirtyEight spent three months analyzing all 33,000 lives ended by guns each year in the United States, and I wound up frustrated in a whole new way. We looked at what interventions might have saved those people, and the case for the policies I’d lobbied for crumbled when I examined the evidence.

She looked at international data and the case for gun control evaporated.

I researched the strictly tightened gun laws in Britain and Australia and concluded that they didn’t prove much about what America’s policy should be. Neither nation experienced drops in mass shootings or other gun related-crime that could be attributed to their buybacks and bans. Mass shootings were too rare in Australia for their absence after the buyback program to be clear evidence of progress. And in both Australia and Britain, the gun restrictions had an ambiguous effect on other gun-related crimes or deaths.

She also looked at some of the proposals advanced by U.S. advocates of gun control and discovered they don’t work.

…no gun owner walks into the store to buy an “assault weapon.” It’s an invented classification that includes any semi-automatic that has two or more features, such as a bayonet mount, a rocket-propelled grenade-launcher mount, a folding stock or a pistol grip. But guns are modular, and any hobbyist can easily add these features at home, just as if they were snapping together Legos. …silencers limit hearing damage for shooters but don’t make gunfire dangerously quiet. An AR-15 with a silencer is about as loud as a jackhammer. Magazine limits were a little more promising, but a practiced shooter could still change magazines so fast as to make the limit meaningless.

Sounds like Ms. Libresco has reached the same conclusion as firearms expert Larry Correia.

So what’s her bottom line? Well, Libresco still doesn’t like guns, but she’s intellectually honest about the fallacy of gun control.

By the time we published our project, I didn’t believe in many of the interventions I’d heard politicians tout. I was still anti-gun, at least from the point of view of most gun owners, and I don’t want a gun in my home, as I think the risk outweighs the benefits. But I can’t endorse policies whose only selling point is that gun owners hate them.

Very well stated.

Let’s close with two infographics from Reddit‘s libertarian page. I can’t personally vouch for every factoid, but based on what I’ve previously shared (see here, here, here, and here), I would be quite surprised if this information isn’t accurate.

And here’s the second one.

P.S. If you want to laugh at the dishonest (or naive) liberals, watch this amusing video to see how they think gun control works in their fantasy world (and here’s a more somber video that makes the same point). And for unintentional humor, Trevor Noah’s naiveté is always funny.

Then give your leftist friends this IQ test on gun control and see if they can figure out the right answer.

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I periodically list people who have suffered horrible abuse because of despicable actions by government. At some point, I’ll have to create a special page to memorialize these victims. Something like the Bureaucrat Hall of Fame or Moocher Hall of Fame, though I haven’t figured out a good name (“Victims of Government Thuggery Hall of Fame” is too wordy).

Anyhow, many of these unfortunate people (the Dehko family, Carole Hinders, Joseph Rivers, and Thomas Williams) have something in common. They are victims of theft. But they can’t call law enforcement because their money and property was stolen by the government.

Such theft is enabled by “civil asset forfeiture” and we can now add Gerardo Serrano to the list of victims. The Washington Post has the disgusting story of what happened.

On Sept. 21, 2015, Gerardo Serrano was driving from his home in Kentucky to Piedras Negras, Mexico, when his truck was searched by U.S. Customs and Border Protection agents at Texas’s Eagle Pass border crossing. After finding a small ammunition clip, the agents took Serrano’s truck from him. Two years later, Customs hasn’t charged Serrano with a crime, and they haven’t given his truck back either.

The bureaucrats could take his truck because Civil asset forfeiture basically gives bureaucrats a license to steal. I’m not joking, though I wish I was.

Customs seized the truck under the laws of civil asset forfeiture, which allow authorities to take cash and property from citizens upon suspicion of criminal wrongdoing. Because it happens under civil law, no criminal conviction — or even criminal charge — is necessary for authorities to take property they believe is connected to a crime.

That’s bad enough. But it gets even worse when you read about what happened to Serrano.

In September 2015, Serrano drove his new Ford F-250 pickup from his home in Kentucky to the Mexico border. He was going to visit a cousin he hadn’t seen in many years. He snapped a few photos with his phone as he drove through the checkpoint, planning to upload them to Facebook, just as he says he had been doing throughout his whole trip, to share the experience with friends and family back home. That’s when the trouble started. One of Serrano’s photos shows two Customs agents looking in his direction, hands held up. According to his lawsuit, the agents objected to his taking photos.

Are these bureaucrats members of some primitive jungle tribe that believes a photograph steals their souls?

That would at least be a semi-rational explanation.

But if you read the rest of the story, they’re apparently petulant jerks (I had other words in mind, but this is a family-friendly site).

Those agents waved him over to the side of the road, on the U.S. side of the border, and demanded he hand over his phone. Serrano said “no.” Customs declined to say whether there’s a prohibition on photography at border crossings. …one of the agents unlocked Serrano’s door, unbuckled his seat belt, and yanked him out of the car. “I know I didn’t do anything wrong,” Serrano told The Post. “So I say ‘listen, you can’t yank me out like that, I’m an American, you can’t do that to me.’”The agent took his phone, and demanded Serrano give him the passcode. Serrano recalls he told the agent to “go get a warrant.”By this time, other agents had started searching his truck. “I said, ‘Hey listen I have rights, you’re violating my rights, you’re not supposed to do that kind of stuff,’” Serrano recounted. …“I’m sick of hearing about your rights,” the agent said, according to Serrano’s lawsuit. “You have no rights here.”Eventually, one of the agents searching the truck found an ammunition clip containing five .380-caliber bullets and yelled “we got him!,” according to the lawsuit. …Serrano had planned to take his pistol on the trip, but he left it home at the strong urging of his cousin, who explained the potential consequences of bringing it to Mexico. But he didn’t realize the extra ammunition clip, containing five .380 caliber rounds, was still in the center console of his truck.

The bureaucrats must have been trained in Venezuela.

At the crossing, the CBP agents put Serrano in handcuffs and continued to ask him to give up the passcode. “You go get that warrant,” Serrano says he told them. “I’ll wait for you in jail.” Serrano didn’t believe that any judge would grant a warrant to search a phone for taking pictures at the border. …The agents eventually placed Serrano in a locked cell without food, water or a toilet, Serrano says. Periodically someone would come in and ask for the passcode to his phone, he says. He refused every time.

The good news is that Mr. Serrano won, sort of.

Serrano says that after three hours, the agents told him he was free to go, returned his phone and said he wasn’t being arrested or charged with any crime. Serrano says he was elated.

The bad news is that the bureaucrats stole his truck.

But then, the agents handed him a document informing him that Customs was taking his truck and the ammunition clip. Those items were “subject of legally becoming the property of the Federal Government (forfeiture),” according to the document, because Serrano had failed to disclose the presence of the clip, making the truck a “conveyance of illegal exportation.” …Several weeks later he received a formal forfeiture notice from Customs, informing him that the government believed his truck was being used to transport “arms or munitions of war.” The notice gave him a number of options to pursue if he wanted his truck back.

Here’s the part that only be described as adding insult to injury.

One of the options was to make an “offer in compromise” — send Customs a check, and if they deemed the amount to be high enough, they would return his truck to him. “That’s like a shakedown,” Serrano said.

Fortunately, the great folks at the Institute for Justice are helping him challenge this horrific example of theft by government.

By the way, you may be thinking Serrano is some sort of thug, maybe a gang member from MS-13? I’ve had some defenders of civil asset forfeiture claim that the program is justifiable because it gives law enforcement leeway to go after bad guys that they can identify with their “sixth sense.” Was Serrano a bad guy who was nailed, albeit using a bad law?

Um…, not exactly.

Serrano is originally from Chicago but he’s lived on a farm in Kentucky for 20 years. A lifelong Republican, he unsuccessfully ran for a seat in Kentucky’s House of Representatives in 2014 on an explicitly pro-Second Amendment platform. He describes himself as a civil libertarian, and has a concealed carry permit for a Sig Sauer .380 pistol he carries for self-defense. “I believe in freedom,” he said in an interview with The Washington Post. “That’s what made this country great, is our freedom, our liberty.”

Serrano sounds like a great American. If he’s an immigrant, I want more just like him.

He understands what’s really doing on.

“It’s like there’s a war going on and they want to make war with my Bill of Rights,” he said. “How do they get away with this? How could this happen?”

For what it’s worth, I hope Senator Rand Paul (who is willing to fight for liberty) place a “hold” on all nominations to the Justice Department and Department of Homeland Security until and unless the government returns Serrano’s truck and compensates him for mistreatment.

Let’s close with some additional excerpts from the column that explain the injustice of civil asset forfeiture.

Many Americans haven’t heard of civil asset forfeiture, the legal provision that grants police the authority to seize cash and property from people not charged with a crime. The practice doesn’t follow the traditional American concept of “innocent until proven guilty.” If police suspect that you acquired something as a result of illegal activity, or even if it is connected to illegal activity, they can take it from you. If you want to get it back, the onus is on you to prove you got it legally. Once property is seized and forfeited, in most states and at the federal level police can either keep it for themselves or sell it at auction to raise money for the department. Critics say this creates a perverse profit motive. …said Robert Johnson, Serrano’s attorney. “That’s an open invitation to abuse.” The practice is widespread. In 2014, for instance, federal law enforcement officers alone took more than $5 billion worth of cash and property from people — more than the total amount of reported burglary losses that year. After public outcry, the Obama administration put in place a number of restrictions on forfeiture that made it harder, in some cases, for authorities to take property without a criminal conviction. But Attorney General Jeff Sessions recently reversed those restrictions.

Every sentence of the above passage is spot on. Including the last two sentences. The Obama Administration actually took a small step in the right direction, but that was reversed in a terrible move by Trump’s Attorney General.

And here are some excerpts from a column published by CapX.

…asset forfeiture lets government agents seize Americans’ assets (cash, but also cars and even houses) on the mere suspicion that they were involved in a crime. Asset forfeiture is intended to deprive criminals of their ill-gotten gains, but frequently enables police to take the property of Americans who remain innocent in the eyes of the law. …Asset forfeiture primarily targets the poor. Most forfeitures are for small amounts: in 2012, the Institute for Justice, a libertarian law firm that has focused heavily on asset forfeiture, analyzed forfeiture in 10 states and found that the median value of assets seized ranged from $451 (Minnesota) to $2,048 (Utah). Given that law enforcement routinely takes everything they find in a forfeiture case, these small values suggest the relative poverty of the victims. The procedural hurdles for challenging asset forfeiture also mean that poor people are less able to get their money back. The average forfeiture challenge requires four weekdays in court; missing four days of work can be a prohibitive expense for Americans living paycheck to paycheck. …Asset forfeiture is especially dangerous for the unbanked, because police and federal agents consider high amounts of cash to be suspect. …Asset forfeiture functions as a regressive tax, which reduces low-income Americans’ economic mobility. A family that sees their savings wiped out has to start again from the bottom. A person whose cash rent payment is seized may turn to payday loans or the black market, or simply be evicted—none of which are conducive to upward mobility.

Civil asset forfeiture is reprehensible.

The fact that poor people are disproportionately harmed is awful (and pervasive in parts of the criminal justice system).

P.S. To their credit, the first two administrators of the federal government’s civil asset forfeiture program now recognize that it’s become an abusive monster and want it repealed.

P.P.S. It’s possible that the border bureaucrats were acting because of bias, of perhaps profiling Serrano because of his Latino heritage. But I never hurl that accusation without some real evidence. Unlike some people.

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Because America’s Founding Fathers properly wanted to protect citizens from government abuse, the Constitution has several provisions (presumption of innocence, ban on warrantless searches, right to jury trial, 5th Amendment protection against self-incrimination, and other due process legal protections) to protect our liberties.

So one can only imagine how Jefferson, Madison, Mason, et al, must be rolling in their graves as they contemplate the disgusting practice of civil asset forfeiture, which basically allows agents of the government in the modern era to steal property from people who have not been convicted of any crime. I’m not joking.

Even worse, government agencies are allowed to profit from this form of theft, creating a terrible incentive for abuse.

Like certain other bad government policies that trample our rights (i.e., money-laundering laws that require banks to snoop on law-abiding customers), civil asset forfeiture is largely a result of the government’s failed War on Drugs. In other words, a classic example of one bad policy leading to other bad policies.

Widespread condemnation of civil asset forfeiture led to a tiny step in the right direction by the Obama Administration. And there have been positive reforms at the state level.

However, the Trump Administration and Justice Department are now pushing in the wrong direction.

Writing for USA Today, Professor Glenn Reynolds correctly castigates the Attorney General for his actions.

Attorney General Jeff Sessions wants to steal from you. Oh, he doesn’t call it that. He calls it “civil forfeiture.” But what it is, is theft by law enforcement. Sessions should be ashamed. If I were president, he’d be fired. Under “civil forfeiture,” law enforcement can take property from people under the legal fiction that the property itself is guilty of a crime. …It was originally sold as a tool for going after the assets of drug kingpins, but nowadays it seems to be used against a lot of ordinary Americans who just have things that law enforcement wants. …Once in America, we had a presumption of innocence. But that was inconvenient to the powers that be. The problem is pretty widespread: In 2015, The Washington Post reported that law enforcement took more stuff from people than burglars did. …Sessions is doing exactly the wrong thing by doubling down on asset seizure. The message it sends is that the feds see the rest of us as prey, not as citizens. The attorney general should be ashamed to take that position.

David French of National Review is similarly disgusted.

…civil asset forfeiture. It’s a gigantic law-enforcement scam (in 2014 the government took more money from citizens than burglars stole from crime victims), and it’s a constitutional atrocity. It’s a constitutional atrocity that Donald Trump’s Department of Justice just expanded. Yesterday, Attorney General Jeff Sessions revived an abusive program that allows state authorities to seize property and then transfer the property to the federal government to implement the forfeiture process. Once the Feds obtain forfeiture, they then share the proceeds with the seizing state agency. This allows state law enforcement to explicitly circumvent state forfeiture restrictions and profit while doing so. …civil forfeiture allows the government to deprive citizens of their property even when it doesn’t even try to prove that the citizen committed a crime. …if the last 30 years of constitutional jurisprudence have taught us anything, it’s that we can’t count on courts to protect the Constitution when the War on Drugs is at issue. Forfeiture expanded dramatically as part of the War on Drugs, and the Supreme Court has proven that it will undermine even the First Amendment when constitutional rights clash with drug-enforcement priorities.

Erick Erickson adds his condemnation in the Resurgent.

Attorney General Jeff Sessions…has decided to expand a positively unconstitutional policy that should be ruthlessly fought in courts and legislatures around the country. Jeff Sessions wants to seize the property of Americans accused of crimes even if they are never found guilty by a jury. …According to the Department of Justice’s Inspector General, the Drug Enforcement Agency alone has seized more than $3 billion from people not charged with a crime. …What is appalling here is that many states are enacting prohibitions on civil asset forfeiture, but the Attorney General wants to allow state and local law enforcement to use federal asset forfeiture laws to continue seizing property. Local law enforcement will thereby be able to get around their own states’ laws, so long as they share the spoils of their ill gotten gains with the federal government. This turns the concept of federalism on its head.

In a column for Reason, Damon Root of Reason adds his two cents.

…civil asset forfeiture is not a “lawful tool.” It is an unconstitutional abuse of government power. The Fifth Amendment forbids the government from depriving any person of life, liberty, or property without due process of law. Civil asset forfeiture turns that venerable principle on its head, allowing government agents to take what they want without the bother of bringing charges, presenting clear and convincing evidence, and obtaining a conviction in a court of law. It is the antithesis of due process. …Supreme Court Justice Clarence Thomas…recently explained in a statement respecting the denial of certiorari in the case of Leonard v. Texas, not only has civil asset forfeiture “led to egregious and well-chronicled abuses” by law enforcement agencies around the country, but the practice is fundamentally incompatible with the Constitution.

Last but not least, the editors of National Review make several important points.

Like the Democrats’ crackpot plan to revoke the Second Amendment rights of U.S. citizens who have been neither charged with nor convicted of a crime simply for having been fingered as suspicious persons by some anonymous operative in Washington, seizing an American’s property because a police officer merely suspects that he might be a drug dealer or another species of miscreant does gross violence to the basic principle of due process. No doubt many of the men and women on the terrorism watch list are genuine bad guys, and no doubt many of those who have lost their property to asset forfeiture are peddling dope. But we are a nation of laws, which means a nation of procedural justice. If the DEA or the LAPD wants to punish a drug trafficker, then let them build a case, file charges, and see the affair through to a conviction. We have no objection to seizing the property of those convicted of drug smuggling — or of crimes related to terrorism, or many other kinds of offenses. We object, as all Americans should object, to handing out these punishments in the absence of a criminal conviction. …No American should be deprived of liberty or property without due process.

Amen.

For those of us who honor the Constitution, civil asset forfeiture is a stain on the nation.

Let’s close with an amusing take on the issue. Even though he’s referred to me as insane and irrational, I think Matthew Yglesias wins the prize for the most clever tweet.

P.S. If you want to put a human face on the horror of civil asset forfeiture, check out the horrible abuse that the Dehko family experienced. Or the mistreatment of Carole Hinders. Or the ransacking of Joseph Rivers. Or the brutalization of Thomas Williams.

P.P.S. And think about the fact that the first two administrators of the federal government’s asset forfeiture program now want it to be repealed.

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Why does government waste so much money? In so many ways? With such reckless abandon?

I suppose I could answer with mockery and say it’s because they have lots of experience squandering our tax dollars.

But let’s seriously contemplate that question and explore one of the reasons for waste. Simply stated, government programs are a magnet for scammers.

Let’s look at three case studies.

Example #1: Fraud is an inherent part of the big entitlement programs. Kevin Williamson has some unseemly details in an article for National Review.

…you know where there’s a lot of waste, fraud, and abuse? Social Security, Medicare, and Medicaid. …Medicare and Medicaid together account for about $1 trillion in federal spending annually, and estimates suggest that $1 out of ever $10 of that spending is fraud. Some estimates go much higher. We do not have a very good idea of exactly how extensive fraud in the system is, because the federal government has put a fair amount of effort into not knowing.

And what does that mean? How does the government try not to know?

…the government’s approach long has been backward…investigators are asking whether a certain treatment was in fact appropriate for what ails Mrs. Jones, not whether Mrs. Jones exists.

In other words, bureaucrats basically accept all claims as legitimate and simply judges from afar whether the right medical service is provided for the listed ailment.

Even if the ailment is fictional. Or the patient is fake.

As one might imagine, that kind of sloppy approach, combined with programs that dispense hundreds of billions of dollars, is a magnet for professional crooks.

It’s the work of organized crime. As Sparrow points out, when there is a criminal case filed against one of these fraud artists, then billing in a particular category — some years ago, it was HIV fusion treatments — falls off steeply, by as much as 90 percent. The implication here is that fraudulent billing may make up the majority of Medicaid and Medicare spending in some categories. …organized-crime syndicates are being permitted to use our medical entitlements to loot the Treasury, and that not very much is being done about that, which suggests the possibility — only a possibility — that there is political collusion in this at some level.

By the way, Kevin may be on to something when he speculates about collusion.

We already know about examples of politicians intervening to protect fraudsters (who, conveniently, also happen to be campaign donors).

So is it really that much of a stretch to imagine them turning a blind eye (or worse) to industrial-level fraud by criminal enterprises?

Leads me to think this cartoon makes an unnecessary distinction.

Example #2: Welfare programs also are a magnet for fraud.

Here are excerpts from a recent news report.

Another six Lakewood, New Jersey couples were charged Wednesday with welfare fraud, bringing to 26 the number of people implicated since last week in the multimillion-dollar scandal. At the heart of the charges is the allegation that they all, in one way or another, failed to report or otherwise concealed significant income that would have made them ineligible for the assistance programs in which they enrolled. In total, state and federal prosecutors have said the families collected more than $2.4 million in benefits. …They allegedly obtained nearly $400,000 in Medicaid, food and heating benefits fraudulently. …Four other couples were arrested June 26 for allegedly defrauding public assistance programs of more than $1.3 million in benefits.

Welfare fraud must have been a major pastime for residents of the town.

Hundreds of these moochers are now trying to cover their tracks in hopes of avoiding legal trouble.

The specter of more charges has shaken Lakewood. Hundreds of residents have contacted authorities seeking amnesty or help avoiding arrest, the Asbury Park Press reported on June 29. In addition to the hundreds seeking amnesty, dozens more people have contacted social service agencies to cancel their benefits or declare income

Example #3: And nobody should be surprised to learn that there’s plenty of fraud at the Pentagon.

Here’s an example that seems very representative.

The former owners of a Pittsburgh-area military supplier have been accused of defrauding the U.S. government of more than $6 million in defense contract work. …Prosecutors allege the Buckners inflated the cost of the work by falsifying invoices to make it appear as though they had spent $70 per window frame for the materials when in fact they had paid just $20 each for frames manufactured in China. The brothers are also alleged to have sold scrap aluminum collected in the manufacturing process without crediting that money to TACOM. The losses to TACOM are placed at $6,085,709 by the DOJ.

But that’s just the tip of the iceberg.

In 2014, a defense contractor responsible for providing food and water to troops in Afghanistan pleaded guilty to over-charging the U.S. government to the tune of $48 million. This week, two San Diego defense contractors pleaded guilty in a scheme that defrauded the Navy out of at least $1.4 million by over-billing for supplies that the military never ordered, the San Diego Union-Tribune reported. Similar stories have cropped up in Florida, California, Maryland, North Carolina and elsewhere in recent years, renewing calls for systemic reforms.

Maybe the reason fraud is so pervasive is that penalties are trivial or nonexistent.

A 2011 DOD report found hundreds of defense contractors that defrauded the U.S. military subsequently went on to receive more than $1.1 trillion in new Pentagon contracts between 2000 and 2010.

Shouldn’t criminal companies be barred from subsequent contracts? Shouldn’t crooked company officials be sent to prison?

Or do these things not happen because the same folks are also campaign contributors?

I don’t know the answer to these questions, but surely something is amiss.  It’s almost as if government is simply a racket for the benefit of insiders.

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Last night, I retweeted an image that rubbed me the wrong way.

It showed three kids who were handcuffed by undercover cops for criminal activity.

And what was their crime? Were they picking pockets? Beating up tourists? Slashing tires?

Nope, none of those things. Instead, they were (gasp!!) selling water to thirsty people. And they didn’t have a piece of paper from the government giving them permission to participate in voluntary exchange. Oh, the horror.

And everyone knows that selling water without a license is a gateway drug to the ultimate underage crime of operating an unlicensed lemonade stand. Or maybe even shoveling snow, cutting grass, or selling worms without government approval!

Here’s the original tweet.

This really sums up why libertarians don’t like government. All too often, it’s the unfair application of force against innocent behavior.

This episode of government thuggery has received a surprising amount of coverage. Here are some excerpts from a story by U.S. News & World Report.

Police handcuffed three teenagers Thursday evening for attempting to selling water without a permit on the National Mall.Photos tweeted by passerby Tim Krepp, a tour guide and writer, show three plainclothes U.S. Park Police officers detaining the three African-American teens near the Mall’s Smithsonian Castle, located between the Washington Monument and the U.S. Capitol.

The good news is that the kids weren’t actually arrested.

A spokeswoman for the U.S. Park Police, Sgt. Anna Rose, confirms three teenagers were detained for vending without a license, but says she feels “this has gotten blown out of proportion.” The three teens, ages 16 and 17, were detained for “illegally selling water” but were not charged, Rose says. They were held until their parents arrived. A fourth individual was immediately released after officers determined he was uninvolved, she says.

If you click on Mr. Krepp’s tweet and read the comments, you’ll notice some discussion of whether white kids would have been treated the same way.

I don’t like to assume racism without real evidence, so my default assumption is that the cops were primarily motivated by a desire to fill their quota and have some proof that they weren’t goofing off.

But it’s also worth noting that the over-criminalization of society creates opportunities for bad people in government to target minorities (or other groups that fall into disfavor). And if it’s danger to ride a train while black, then it’s also possible that it’s risky to sell water while black.

The broader lesson is that it’s a good idea to have fewer laws. And the laws that do exist should be designed to protect people from external aggression. Especially given the horror stories that are produced by the alternative approach.

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