Comments on: The Wall Street Journal on Alvarez v. Smith http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/ Commentary on law, public policy, and more Tue, 08 May 2012 01:46:16 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Michael L. Weiss http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-699091 Michael L. Weiss Wed, 02 Dec 2009 19:11:27 +0000 http://volokh.com/?p=20546#comment-699091 Well, i also agree with this post (criminal procedure is a joke in this country– and sadly dems abet the situation) Well, i also agree with this post
(criminal procedure is a joke in this country– and sadly dems abet the situation)

]]> By: Bryan Willman http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-678282 Bryan Willman Mon, 26 Oct 2009 19:32:31 +0000 http://volokh.com/?p=20546#comment-678282 Why do we EVER allow ANYTHING seized or taken by fine to be added to the budget of the seizing/fining agency? It will ALWAYS be inducement to "robbery" by the police and courts. Seize ill-gotten gains, issue fines for illegal behavoir? Sure. And ALL of the property and money thus gathered should go into a single large fund, all of which is distributed nationally to all taxpayers, or all citizens. The idea being that it's fine, indeed desireable, to fine criminals for criminal acts, but not desireable to encourage police departments to act like highway robbers. Simply removing seizures, tickets, and fines, as instruments of funding would remove a moral hazard. Why do we EVER allow ANYTHING seized or taken by fine to be added to the budget of the seizing/fining agency? It will ALWAYS be inducement to “robbery” by the police and courts.

Seize ill-gotten gains, issue fines for illegal behavoir? Sure. And ALL of the property and money thus gathered should go into a single large fund, all of which is distributed nationally to all taxpayers, or all citizens.

The idea being that it’s fine, indeed desireable, to fine criminals for criminal acts, but not desireable to encourage police departments to act like highway robbers.

Simply removing seizures, tickets, and fines, as instruments of funding would remove a moral hazard.

]]> By: Kent Scheidegger http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-678266 Kent Scheidegger Mon, 26 Oct 2009 19:09:55 +0000 http://volokh.com/?p=20546#comment-678266 I'm kind of surprised that the Respondent only mentions the Fourth Amendment rule of Gerstein/Riverside in passing. I would have made it a major point, possibly the primary argument. I’m kind of surprised that the Respondent only mentions the Fourth Amendment rule of Gerstein/Riverside in passing. I would have made it a major point, possibly the primary argument.

]]> By: uh_clem http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-678146 uh_clem Mon, 26 Oct 2009 13:50:08 +0000 http://volokh.com/?p=20546#comment-678146 <em>First time I agree with this poster</em> It's not the first time I agree with Ilya, but it may be the first time I agree with him <em>and</em> the WSJ editorial page. Unfortunately, the court may well punt on this one and dismiss it on procedural grounds. First time I agree with this poster

It’s not the first time I agree with Ilya, but it may be the first time I agree with him and the WSJ editorial page.

Unfortunately, the court may well punt on this one and dismiss it on procedural grounds.

]]> By: Cornellian http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-678010 Cornellian Mon, 26 Oct 2009 04:00:36 +0000 http://volokh.com/?p=20546#comment-678010 I wish the WSJ's concern for due process in criminal prosecutions would extend beyond cases in which loss of property is involved. I wish the WSJ’s concern for due process in criminal prosecutions would extend beyond cases in which loss of property is involved.

]]> By: raoul http://volokh.com/2009/10/25/the-wall-street-journal-on-alvarez-v-smith/comment-page-1/#comment-678000 raoul Mon, 26 Oct 2009 03:39:50 +0000 http://volokh.com/?p=20546#comment-678000 First time I agree with this poster (and in the strongest sense-by and large criminal procedure is a joke in this country- and sadly dems abet the situation). Thoughts on Gov. Perry latest shenigans in Texas? First time I agree with this poster (and in the strongest sense-by and large criminal procedure is a joke in this country- and sadly dems abet the situation). Thoughts on Gov. Perry latest shenigans in Texas?

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