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Reforming Property Forfeiture Laws to Protect Citizens' Rights

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Description: A study of asset forfeiture by the Macinac Center, which concludes nine specific reforms are necessary to reduce the unfairness and abuses of the present system. (January 01, 1998)
Reforming Property Forfeiture Laws to Protect Citizens’ Rights [Mackinac Center] Reforming Property Forfeiture Laws to Protect Citizens’ Rights The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have witnessed a massive expansion of a legal practice known as "asset forfeiture," which allows government to violate the very property rights it is charged with protecting. Hundreds of asset forfeiture laws-many of them intended to stop illegal drug trafficking-give state and federal law enforcement agents the power to seize property even without proof of the owners' guilt in a criminal trial because, in many cases, the government considers the property itself to be the criminal. This study recommends nine reforms that will help guarantee that Michigan citizens enjoy the benefits of private property rights, limited government, and individual liberty, and remain protected from unjustified and arbitrary seizure of their personal possessions.
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Page title:Reforming Property Forfeiture Laws to Protect Citizens’ Rights [Mackinac Center]
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Description:An article on liberty and free markets as sound public policy for Michigan.
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