-- At 11:55 PM 1/19/2001 -0500, Declan McCullagh wrote:
I agree with the below. But it is mistaken to treat civil asset forfeiture as an issue marked by broad bipartisan condemnation. Quite the opposite is true; hence, we still have it.
The capacity of police and bureaucrats to rob and kill does not depend on approval by judges and legislators. Rather, the capability of judges and legislators to remain alive frequently depends on the good will of police and bureaucrats. The legislature is in the same situation as a lion tamer. If the lion tamer's whip should by some accident actually hit one of the lions, he would very likely be devoured. I would argue that the the police did not start confiscating drugs because the legislature criminalized possession. Rather, the legislature criminalized possession because drugs were small lightweight high value objects that were commonly in the possession of businessmen with little influence, and were thus frequently confiscated, much as the liontamer incorporates the spontaneous propensities of lions into his act, to make it appear they are doing things at his command. --digsig James A. Donald 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG Inht5xskswIPxL9at9+l43p8TzImO2r00/ohsfH2 4AXEsOjneNq4Ef6yHyR2BsqkfJa/0wsEFc10UTIct