John Ashcroft
James A. Donald
jamesd at echeque.com
Sat Jan 20 08:38:53 PST 2001
--
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
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