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Michigan Forfeiture Laws Improving, But State Transparency Still Falls Behind

Under civil asset forfeiture, cops can keep a person's stuff even without a conviction or arrest

Though Michigan has made reforms to its practice of civil asset forfeiture in recent years, a public interest law firm says that the state should make further changes.

The Institute for Justice has issued a report giving states a letter grade for their transparency and accountability surrounding a practice called civil asset forfeiture. The organization gave Michigan an F for failing to adequately disclose how the proceeds of forfeited property are spent but an A for making forfeiture records accessible.

Civil asset forfeiture is the process by which law enforcement agencies take ownership of property that was seized from individuals in connection with a suspected crime. Under current law, people can lose their property without being convicted of a crime or even being arrested.

While this process has been going on for decades, with restrictions on it typically getting looser, Michigan began tightening its forfeiture laws in the past few years. In 2015, the state passed laws that raised the standard of evidence law enforcement must use to forfeit property and required local governments to track the process. And at the start of 2017, Gov. Rick Snyder signed a new law that bans the practice of requiring property owners to post a cash bond before they can even challenge a forfeiture action in court.

“The IJ report gives Michigan average or higher grades in all but two portions of our civil asset forfeiture scheme, which reflects the work the state has done to mitigate some of the problems plaguing our system," said Kahryn Riley, criminal justice policy analyst with the Mackinac Center for Public Policy.

Michigan received an overall C+ for the procedures used by law enforcement agencies here to track the status of seized property as the forfeiture process unfolds. This was a more favorable grade than earned by any other state except for Vermont and Oregon. Michigan would have scored higher if it required agencies to record more details of when and where property was seized, and its value.

The Institute for Justice grades both states and the federal government on the level of forfeiture reporting. Its report concludes that across the country, forfeiture programs lack transparency and accountability.

Many law enforcement agencies rely on civil asset forfeiture to generate revenue by selling forfeited property. Michigan law does not require law enforcement to account for how forfeiture revenues are spent, so the study gave the state an F in this category. Only nine states received an A.

Michigan received a B for requiring statewide forfeiture reports, but a D for enforcing penalties on law enforcement agencies that fail to file a report.

Public Act 152 of 2015, part of an earlier round of Michigan forfeiture reforms signed into law by Snyder, requires law enforcement agencies to file reports with the state each year to keep track of forfeiture proceedings. Another measure adopted then requires local agency forfeiture reports to include details of concluded, pending, or negotiated proceedings and requires the Michigan State Police to assemble these reports and make the findings accessible online.

Michigan and seven other states earned an A for requiring forfeiture records to be accessible online.

Michigan also has relatively stringent auditing standards, according to the report. But it gave the state a B on that topic because it only requires internal audits rather than independent audits.

Riley and the Mackinac Center believe Michigan should stop taking ownership of property through the civil court system and instead only forfeit assets through criminal court.

“We've had some good reforms that protect people from abuses of the practice, but the legislature should end civil forfeiture altogether,” Riley added. “That would be the best way to protect Michiganders' constitutional property rights.”

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

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What This Russian College Student Thinks About Bernie Sanders

'There is a perception that socialism is fair - It is not fair'

One of the most surprising developments from last year’s presidential campaign was the reach enjoyed by Bernie Sanders, a candidate who unabashedly championed socialism as a solution to the country’s economic ills. In the Michigan Democratic primary, Sanders took first place with 598,943 votes to Hillary Clinton's 581,775 votes, winning 87 percent of Democratic voters between the ages of 18-24.

No one seemed more amazed by this than Konstantin Zhukov, a Russian immigrant who was studying at Northwood University during last year’s election season.

“When I heard Bernie Sanders’ ideas, I was surprised to hear them, but at the same time I understood why they would have an appeal, especially among teenagers,” said Zhukov.

“I could understand from studying 2008, the anti-market sentiment was increasing because many people suffered and they were starting to blame it on capitalism and they thought they should blame capitalism,” he added.

“There is a perception that socialism is fair. It is not fair,” said Zhukov.

He says from his perspective, socialism is not the answer. A command-and-control economy has, over the decades, left deep scars on Russia, he says. The damage is so deep, he says, that young people have little hope of succeeding on their own merits, even as the country tries to adopt a capitalistic economy.

 

 

“In Russia today, it's all about connections really. Here in the U.S., from what I see, young people have higher hopes and they are mostly in control of their destiny,” said Zhukov.

When he arrived in the U.S., he noticed immediately the differences between the two economic systems. He was surprised by the number of brands he saw on his first trip to Wal-Mart.

“We don’t even have Dr Pepper in Russia,” he said.

He said there is a big difference between poverty in each country.

“Here, under poor living standards, people can afford clothing, travel, things like that, where in Russia, you can't do anything. Sometimes people grow their own food to sustain their lives,” he said.

He noticed also differences with the middle class. He said he could earn more money working part-time at the campus security gate than his mother could as an attorney in a Moscow suburb, even with 20 years of experience.

Unlike older Americans, millennials were born when the Cold War was ending. Much of their knowledge of socialism and communism comes from school or other second-hand sources. And now a survey, conducted by the Victims of Communism Memorial Foundation, shows cause for concern.

Of young people polled, more than one-third were unfamiliar with Mao Zedong, Che Guevara, Vladimir Lenin and Karl Marx. Of those who recognized the names, 25 percent said they had a favorable opinion of such figures. The only exception was Mao.

Only 55 percent of millennials say communism was and is still a problem compared to 80 percent of baby boomers. The poll also found that two-thirds of millennials agreed with Marxist viewpoints. When presented with a series of statements, the ones millennials agreed with the least came from the Bible: “If any would not work, neither should he eat.”

The Foundation provides a curriculum and training for teachers on the development of communism in the modern world.

As for Zhukov, he said seeing the differences between here and Russia has inspired him to attend graduate school for an advanced degree in economics, which he began this month.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.