12. Shift to Criminal Asset Forfeiture
Law enforcement can take a person’s property
without charging that person with a crime and
then use 95% of the proceeds to fund police
and prosecution expenses. Some jurisdictions
use this power wisely and fairly. In other places,
there is a “policing for profit” scheme.
The SC Supreme Court recently ruled that any changes to this system – like shifting to criminal asset forfeiture, must come from the General Assembly, not the courts. South Carolina should fully fund the police and address Civil Asset Forfeiture. A higher standard, like a criminal conviction for example, should be required for the permanent forfeiture of property.
