An Indianapolis Star editorial correctly pinpoints a flaw in state law, but glosses over an even bigger problem:
Indiana's law, which allows authorities to seize money, cars and other property from arrested persons whether or not they wind up convicted or even charged, invites the abridgement of civil liberties because the assets fund the drug war.
The law also says the money from forfeitures is to benefit the Common School Fund. But as a Star investigation has revealed, all but a few prosecutors in the state have kept virtually all the money, claiming their expenses consume it. In Marion County last year, the total was $1.3 million.
The Supreme Court questioned the practice in a non-binding opinion in April, but Attorney General Greg Zoeller insists on defending the prosecutors against a citizen lawsuit. He says they're within the law, like it or not.
The law needs changing. A rather weak effort was made in this year's legislative session, giving the prosecutors 85 percent of the take and the schools 15, while leaving the incentive system intact. Gov. Mitch Daniels vetoed the measure, calling it unconstitutional not to send all forfeiture money to the school fund.
The focus of the editors is on prosecutors keeping the money in defiance of the law's requirement that it go to the school fund, and how that essentially corrupts the criminal justice system by giving prosecutors an incentive to game the system for money. It is noted that some states solve the problem by letting city and county councils distribute the money, and the General Assembly is urged to change the law so it curbs the prosecutors' power.
There is just that one passing reference -- "invites the abridgment of civil liberties" -- to the much bigger problem. That is that Indiana law even permits authorities "to seize money, cars and other property from arrested persons whether or not they wind up convicted or even charged." You have not been charged, and you never will be. But your stuff is gone -- too bad! That is not the criminal justice system of a constitutional republic. That is legalized thuggery.
