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As a legal idea, civil forfeiture is something the state specifically empowers police to do. This is on top of cops pretty much being able to do what they want
by dfxm12 3y ago
As a legal idea, civil forfeiture is something the state specifically empowers police to do. This is on top of cops pretty much being able to do what they want without recourse. Normal civilians don't have this luxury.
- mulmen 3y agoSince when does the state have such power? The state only has powers granted by the people.
- maxbond 3y agoLegitimacy stems from the consent of the governed. The state and the Constitution determine what powers the state has, eg, by passing laws and by subjecting them to judicial review. (Referendums notwithstanding.)
- stonogo 3y agoA pretty sentence, but since the courts have upheld both qualified immunity and civil asset forfeiture, it appears the people have granted the power to do so.
- mulmen 3y agoOk but by what principle? We can change the law.
- brewdad 3y agoAye, there's the rub. No politician wants to be portrayed as "soft on crime". Until the problem becomes too large for the average person to ignore, the law isn't going to change. A smart police force stays just below that threshold.
- wahnfrieden 3y agoYou think you can change this by voting? Both sides support civil forfeiture
- mulmen 3y agoThe people elect representatives who make law on their behalf. So what legal principle needs to be legislated?
- deleted 3y ago[deleted]