CIVIL FORFEITURE ISN'T THE AMERICAN WAY

Civil forfeiture, as in the proposal to confiscate cars driven by
customers seeking to pay for sex, is an abuse of authoritative power.
In this case, the punishment is excessive for what should not be a
crime in the first place.

It also punishes the innocent as well as the accused. A mother with
four children has a husband who, while driving the family car, asks an
undercover policewoman to have sex with him in exchange for money.

He is arrested and his car is confiscated (civil forfeiture). Through
civil liberty lawyers, she argues in court that since the vehicle was
mutually owned, the state cannot take it. She also needs a family car
for her children.

She further argues that if she can't get the car back, at least sell
the car at auction and give her half of the proceeds (about $1,200) so
she can buy another car. This case went to the Supreme Court, where it
fell on deaf ears, so a whole family gets punished.

In Westport, marijuana plants were discovered growing in a farmer's
field.

He claims he did not plant them and had no knowledge of their
presence.

Maybe that is true, but in a jurisdiction with an aggressive civil
forfeiture policy, his farm and home would have become state property
and he and his family would be out on the streets with no place to
live. This sort of thing does happen in America! It may be legal, but
I think it is unfair and unjust. Here in America, I always hope to see
us err on the side of more constitutional protection rather than less.
Civil forfeiture is less.

FREDERIC SCHWARTZ
New Bedford

Checked-by: Patrick Henry