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Sessions & Adoptive Forfeitures

<p>The debate over drugs in this country has become more and more ingrained into American politics and has created a lot of division of opinion&period; I recently posted an article regarding the DARE Program&comma; an effort by the government to decrease drug use but fell out of favor by the liberals&comma; was being discussed and possibly reinstated&period;&nbsp&semi;<&sol;p>&NewLine;<p>Then&comma; there&rsquo&semi;s the debate regarding how we should handle drug users and offenders&period; Should we use negative reinforcement to get people off drugs&&num;8211&semi; making it a crime and punishable by jail time&&num;8211&semi; or should we take a more altruistic approach and regard drug abuse as a medical condition&quest;&nbsp&semi;<&sol;p>&NewLine;<p>Should we consider legalizing drugs in an effort to make its use more public so the users will be less afraid to seek help&quest;&nbsp&semi;<&sol;p>&NewLine;<p>If not&comma; should we legalize the less harmful drugs like marijuana so we can then allocate resources to combating the harder stuff&quest; These are the debates raging in our states&rsquo&semi; legislatures and in DC&period; Another debate has recently been brought back to the spotlight&colon; what should we do with drug dealers and more specifically with their ill-begotten gains&quest;<&sol;p>&NewLine;<p>We all know why people use drugs&period; It is the same reason people drink&comma; smoke cigarettes&comma; gamble&comma; and have sex&semi; it makes them feel good&period; So why do people sell drugs&quest; It is a lucrative industry&period; Drug-dealers are the small-business owners of the criminal world&period; They engage in import&sol;export shipments&comma; establish a human resource structure&comma; deal with logistics and inventory&comma; and engage in customer service&period; This brings about the potential to amass considerable wealth&period;&nbsp&semi;<&sol;p>&NewLine;<p>This wealth&comma; however&comma; was gained in the act of a crime and therefore is like being in possession of a stolen item&comma; right&quest;&nbsp&semi;<&sol;p>&NewLine;<p>So what do we do with the all of their stuff&quest;&nbsp&semi;<&sol;p>&NewLine;<p>We take it&comma; of course&comma; like a stolen item&period; What do we with the stuff when we get it&quest; We can&rsquo&semi;t give it back to the people they took it from because that would be an impossible task and you would be returning cash to drug dealers and addicts&period; So we keep the ill-begotten gains and inject it back into our community&period; At least we used to before the Obama Administration&period;<&sol;p>&NewLine;<p>This practice of seizing assets from drug-dealers is known as &ldquo&semi;adoptive forfeiture&rdquo&semi; and it was the law of the land until the Obama Justice Department under Eric Holder decided to change the rules&period; The concern that Holder had was that these assets are seized before a conviction and could be taken even if you were not found guilty of a crime&period;&nbsp&semi;<&sol;p>&NewLine;<p>The counter-argument to that is to allow the drug dealer to maintain their assets&comma; particularly their money&comma; could garner them a greater opportunity to buy top lawyers giving them an unfair financial advantage over other criminals&period; I understand the concern&comma; I suppose&comma; of the government being able to take your stuff without actually proving you guilty of a crime&period;&nbsp&semi;<&sol;p>&NewLine;<p>Lord knows I don&rsquo&semi;t like the government interfering in the lives of people especially taking from them without due process and cause&period;&nbsp&semi;<&sol;p>&NewLine;<p>I can also see the potential for corruption and abuse of power&comma; which are mandatory characteristics for a politician&comma; of having such a practice in place&period; But to remove this practice in its entirety meant that drug dealers could still reap the benefits of their crimes which I do not want either&period;&nbsp&semi;<&sol;p>&NewLine;<p>Apparently&comma; the Attorney General Jeff Sessions agrees with that sentiment&period; He has ordered the reestablishment of the policy of adoptive forfeitures at the federal level&period; He will likely face backlash from rights&rsquo&semi; groups claiming it is a breach of the 4th Amendment&comma; but the policy would once again punish criminals and aid the local community&period;&nbsp&semi;<&sol;p>&NewLine;<p>I said before that we reinject the community with this money and what I meant by that was that the money is used to fund police and community efforts to tamp down on crime and drug-use&period;&nbsp&semi;<&sol;p>&NewLine;<p>The ill-begotten gains will once again benefit the people rather than the criminals&period;<&sol;p>&NewLine;<p><strong>Editor&&num;8217&semi;s note&colon;<&sol;strong> As an intelligence officer I worked several years against the narcotics target&period; To me&comma; addictive drugs are the scourge of America&comma; and drug dealers should be punished to the max&period; I&&num;8217&semi;ve said many times that any drug dealer who sells to children has committed a crime equivalent to murder and should be executed&period;<&sol;p>&NewLine;<p>But confiscating property without the benefit of a jury conviction is unconstitutional&period; It is also potentially a corruption of our crime fighting system&comma; if the crime fighters are allowed to confiscate property for their own use&period; &nbsp&semi;The police are very often sure they know who the criminals are&comma; and they are often right&period; But the Constitution does not provide for conviction via police confidence&comma; it always has to be from a jury&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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