United States Citizens for Civil Forfeiture: A Tension between Civil Rights against Federal Law

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United States Citizens for Civil Forfeiture: A Tension between Civil Rights against Federal Law

Introduction

In December 2014, a policed officer, called Gragg, pulled over Torell Wallace as well as a 17- year old passenger at a traffic stop and found close to $10,000 in form of cash. The officer arrested and indicated that the suspects had to be indicted fro possession of drugs proceeds with the taken assets in order to show that the suspect and the passenger were criminals without any evidence. The case was characterized by the lack of criminal sentencing of the suspect. (CASE). Civil and criminal activities occurring in the United States from the year 2005 to 2012 has ensured that the Internal Revenue System has obtained more than two hundred and forty two million unstructured violations under suspicion of the relevant 2500 cases (Jaros 1149). Due to the immeasurable nature of the cases, the level of harms to innocent citizens whilst the seriousness of the case is expressed, the effect on the entire population is a source of concern. The effects of the process can also be felt through social harm, problems up to the tax payment requirements. In the same problem, the police are not required top have any of the charges as stated or thought about earlier. (SCOPE). Due to the concerns and issues that have been brought forth consequently from the improper handling of Wallace and his passenger at the traffic station, I am advocating for swift action on differentiating the responsibilities as compared to being human in the process (Klahm, Frank and Liederbach 148). Proper adjudication on the part of the police is required in order to balance on the duties expected by the police in regarding protection of the society and at the same time personal rights of the people require the absolute security from the same. Much of the focus in the society is towards the treatment of individuals by the police whilst carrying out their duties (Hayes 1). (INTRODUCTION OF SOLUTION). This solution has been established by Jason Snead, who is the policy analyst of The Heritage Foundation in the Edwin Meese II Centre for Legal and Judicial Studies. (CREDIBILITY OF GROUP). Adapting to the principles given The Heritage Foundation in the Edwin Meese II Centre for Legal and Judicial Studies by will incorporate elimination of equitable sharing, raising of the burden proof, reaffirming the presumption of innocence, providing for indigent defense, as well as having to include measures that promote Protect Property Owners’ Rights in Administrative Forfeitures. They all have to abide by the given provisions within the law, the civil law, as well as that of forfeitures.    

Cost

The associated costs of the solutions as discussed earlier include the jurisprudence of the police, especially in their delivery of services to the people. In the first instance, there needs accounting of close to an allocation of the treasury in terms of $4 billion, which will be used to capacitate the force on ways to deal with the civil laws versus criminal laws. The financial abilities will be diverted into proper training methods of the force on ways to handle the different and circumstantial laws governing any incident that falls between the subjects of debate (American Psychiatric Association 22). Since it is a national issue, the laws have to cover the different state-by-state means. On the other hand, the delivery required will involve accountability of the same.

As indicated by the opposition towards the deployment of forfeiture and criminal justice in the process, the cost of treasury’s allocation will be used to help clean the flawed judicial process. In the case study, the obtained treatment to Wallace and the passenger was testament of the process’ deficiencies (Heching 1). The $10,000 in cash had to follow the due process of investigation as well as questioning from the authorities in order to tackle them head on without involvement of the delayed mechanism. In return, there is value for money in both systems as the end bargains re met through delivery of required work standards and measures (Richardson, and Clancy 21). Slim chances of recovery will then be outdated as the victims in the process are as guilty in all manners. Further observation and financial compensation should be used.

In the final measure of the solution, there should be cost accredited to the damages by wrongful arrest by police without following the due process in arresting, questioning and detaining of any suspected offenders (Young 14). Since the issuance is not observed every day, the financial implications will be to the tens of thousands. They shall be split among the different branches and decentralized system as means of addressing any unrest from forfeiture. The compensation will cover for both temporary and full time capacity of the losses incurred in the process when the police carry out their functionalities incase of an offense (Connor 1). In turn, the wrongful victims or members ion the process are then handed their dues, pending the investigation and address by relevant groups within the criminal justice system. The transfer is made in real time as opposed to delayed or waited upon. The victims are then able to safeguard and secure their properties in terms of material needs.

 

Works Cited

American Psychiatric Association. Diagnostic and Statistical Manual of Mental Disorders. 5th ed. New York, NY: American Psychiatric Association.

Heching, Mosche. “Civil Forfeiture And The Innocent Owner Defense: United.” Havard

            Journal of Law & Public Policy 16.3 (1993):835. Criminal Justice Abstracts with Full

            Text. Web. 10 May 2016

Jaros, David. “Preempting the Police.” Boston College.Law School. Boston College Law Review 55.4 (2014): 1149-95. ProQuest. Web. 10 May. 2016.

Klahm, Charles Frank, James Frank, and John Liederbach. “Understanding Police Use of Force: Rethinking the Link Between Conceptualization and Measurement.” Policing: An International Journal of Police Strategies & Management 37.3 (2014): 558-578. Print.

Connor, Laurence D. “Federal Civil Procedure: Existence Of Federal Cause Of Action For Abuse Of Federal Process”. Michigan Law Review 62.8 (2007): 1460. Print.

Hayes, KatherineM. “The American System Of Criminal Justice”. Journal of Criminal Justice 14.1 (2006): 99. Print.

Richardson, Amy Frances, and Noreen Clancy. Understanding Forfeitures. Santa Monica, CA: RAND Safety and Justice, 2009. Print.

Young, Simon N. M. Civil Forfeiture Of Criminal Property. Cheltenham, UK: Edward Elgar, 2009. Print.

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