Police Misconduct — The Worst Case in January

Over at Cato’s Police Misconduct web site, we have identified the worst case for January.  It comes from Miramar, Florida. The misconduct took place in the 1980s, but it took some time for it to be exposed.  A federal appeals court recently upheld a $7,000,000 judgment against two now-former police officers

In 1983, the officers coerced a mentally challenged 15-year-old boy, Anthony Caravella, to confess to rape and murder.

From the Florida Sun-Sentinel:

Caravella was arrested by Mantesta and Pierson on Dec. 28, 1983, on a juvenile case that alleged he stole a bicycle and didn’t show up for court.

Over the next week, while in juvenile custody, Caravella gave a series of statements to the officers that culminated in him confessing to the murder.

Heyer said Caravella trusted Mantesta and the officers, who spent hours alone with him, fed him information about the crime scene and got him to repeat it back to them.

Caravella and his childhood friend, Dawn Simone Herron, testified in the 2013 civil trial that the officers coerced Caravella into falsely incriminating himself by telling him that if he gave a statement they would free the 16-year-old girl who was with him when he was arrested.

After that “police work,” prosecutors actually sought the death penalty against the teen, but the jury opted for a life sentence instead.

The man who was actually responsible for the rape and murder remained free, endangering other members of the community.  He never faced justice for this crime.

Seize First, Question Later: The Institute for Justice’s New Report on the IRS’ Abusive Civil Forfeiture Regime

Considering the growing controversy over the abuse of civil asset forfeiture at the federal and state levels, the Institute for Justice’s newly released report on the IRS’ questionable use of the practice is perfectly timed.

An excerpt from the executive summary:

Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of “structuring” to take the money, without any other evidence of wrongdoing. Structuring—depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government—is illegal, but more importantly, structured funds are also subject to civil forfeiture.

Civil forfeiture is the government’s power to take property suspected of involvement in a crime. Unlike criminal forfeiture, no one needs to be convicted of—or even a charged with—a crime for the government to take the property. Lax civil forfeiture standards enable the IRS to “seize first and ask questions later,” taking money without serious investigation and forcing owners into a long and difficult legal battle to try to stop the forfeiture. Any money forfeited is then used to fund further law enforcement efforts, giving agencies like the IRS an incentive to seize.

Data provided by the IRS indicate that its civil forfeiture activities for suspected structuring are large and growing…

For the uninitiated, under the Bank Secrecy Act of 1970, financial institutions are required to report deposits of more than $10,000 to the federal government.  The law also makes it illegal to “structure” deposits in such a way as to avoid that reporting requirement.  Under the IRS’ conception of the law, “structuring” may be nothing more than making several sub-$10,000 deposits, without any further suspicion of particular wrongdoing.  For obvious reasons, many small businesses and individuals can find themselves on the wrong side of this law without any criminal intent.

When the structuring law is combined with the incredibly low burdens required for the federal government to seize assets through civil forfeiture, the potential for abuse is self-evident.  While the lack of criminal intent may protect against criminal structuring charges, it is no barrier to the government’s overbroad power to initiate civil proceedings against the money itself.

IJ’s report, authored by Dick M. Carpenter II and Larry Salzman, goes in depth to reveal the history and unbelievable breadth of the IRS’ civil forfeiture regime, the perverse incentives it creates for government agencies, and the individual livelihoods it threatens and destroys.  IJ makes the case for much stronger protections for private property rights (including the outright abolition of civil forfeiture as a government power).

Be sure to check out the full report, as well as the Institute for Justice’s other work on asset forfeiture and private property here.

For more of Cato’s recent work on civil forfeiture, see Roger Pilon’s recent National Interest  article here, my blog post here, and a recent podcast here.

 

U.S. Military Spending: A Lot? Or a Lot More?

In 2015, U.S. defense spending will be about $600 billion, or about 3.24 percent of GDP. The former figure would strike many Americans as sufficient, and a few would find it excessive. Robert Gates once said, “If the Department of Defense can’t figure out a way to defend the United States on a budget of more than half a trillion dollars a year, then our problems are much bigger than anything that can be cured by buying a few more ships and planes.”

But hawks want you to focus on the latter figure, 3.24: they believe that an arbitrary fixed percentage of national output should be dedicated to defense spending every year. For example, Mitt Romney and Bobby Jindal would peg defense spending at 4 percent of GDP. Wall Street Journal columnist Bret Stephens would see that, and raise them. In his new book, America in Retreat, Stephens calls for sharply increasing “military spending to upwards of 5 percent of GDP.”

It’s unclear whether these gentlemen fully appreciate what their proposals would equate to in real dollar terms. (Take a look at the chart below, prepared by my colleague Travis Evans). The bipartisan Budget Control Act (BCA) capped discretionary Pentagon spending at $3.9 trillion between 2015 and 2021, an average of 2.6 percent of GDP per year. That means Americans would need to spend $2.1 trillion above the current caps to meet the 4 percent threshold, and $3.6 trillion more to reach 5 percent. For added perspective, then-House Budget Committee Chairman Paul Ryan’s FY15 alternative projected $4.2 trillion for defense, or 2.8 percent of GDP. In other words, Romney proposed to spend $1.8 trillion more than his running mate, and Stephens’ plan is even more disconnected from fiscal reality – $3.3 trillion more than the de facto GOP budget.

Vaccination and the Social Contract

There are two distinct classes of vaccinations: those for communicable diseases like measles, rubella, and chicken pox, and those for non-communicable ones like tetanus.

There is no reason to be vaccinated against non-communicable diseases if you don’t want to. If you believe that your small chance of getting tetanus isn’t worth the (very, very) much smaller risk of crippling Guillan-Barre syndrome after the vaccination, that’s your business.

But vaccination for communicable diseases is part of a social contract that maintains civil society with a general ethic that no one has the right to harm someone without serious provocation. The fact that someone else may avoid vaccination gives no license to avoidably infect that person, however foolhardy he or she might be.

Getting Returns from Infrastructure

While many interest groups are promoting increased federal spending on infrastructure on the grounds that it will spur economic growth, the Wall Street Journal reports that the “benefits of infrastructure spending [are] not so clear-cut.” Yet there is a simple way to determine whether a particular infrastructure project will generate economic benefits.

Spending on transportation infrastructure, for example, generates benefits when that new infrastructure increases total mobility of people or freight. New infrastructure will increase mobility if it provides transportation that is faster, cheaper, more convenient, and/or safer than before. 

In 1956, Congress created the Interstate Highway System and dedicated federal gas taxes and other highway taxes to that system. The result was the largest public works project in history and one of the most successful. Today, more than 20 percent of all passenger travel and around 15 percent of all freight in the United States is on the interstates.

Moreover, this is all new travel; the interstates didn’t substitute for some other form of travel, as other highway and airline travel) have also significantly increased in those years. (Rail passenger travel decreased, but that decrease was a lot smaller than increases in other travel.) The interstates were successful because they provided transportation that is faster, cheaper (because it saves fuel), more convenient, and safer than before. 

Don’t Raise the Stakes in Ukraine

The release of a report this week by eight former U.S. government officials calling for the United States to send arms to Ukraine has reopened debate on the issue. The dispute is also lent urgency by the recent sickening escalation of violence in the Donbas, especially against civilians, as well as signs that some within the Obama administration may be reconsidering their stance on this issue. As appalling as the ferocity of recent fighting has been, however, the arguments against arming Ukraine remain as solid as they were three months ago. It would raise the stakes with Russia, while offering little prospect of ending the conflict.

The arguments made in the report, cosponsored by Brookings, the Atlantic Council and The Chicago Council on Global Affairs - seem compelling on the surface. The authors argue that the provision of lethal, but solely defensive, weapons would better allow Ukrainian troops to defend themselves against continuing attacks from pro-Russian rebels. As the evidence indicates that the rebels themselves are being supplied with advanced weapons from Moscow, American weapons would place Ukrainian forces on a more even footing. The report further asserts that such weaponry could raise the continued costs of backing the rebels for Moscow, bringing Vladimir Putin to the negotiating table.

Unfortunately, arming Ukraine will cause more problems than it solves. Certainly, such a move would be a propaganda coup for Russia, which has already been using state media to perpetuate the idea that NATO is involved in the crisis. Russian media is extremely good at blurring key facts to make a coherent, anti-Western narrative, even if the narrative itself is fundamentally false. It won’t matter than the weapons are ‘defensive’ in nature; the Russian media can spin this to bolster their arguments that Ukraine’s government is illegitimate and that the conflict is being driven by NATO. It could even increase popular support for the war among the Russian population.

Federal Infrastructure: Often Low Value

President Obama’s budget would raise taxes to fund a $478 billion infrastructure spending plan for highways, transit, and other items. The budget (on page 26) cites an International Monetary Fund study that “highlights the importance of choosing high-efficiency infrastructure projects based on rigorous benefit-cost analysis.”

Unfortunately, that is not the type of “choosing” that the federal government usually does, based on more than a century of experience. As one historical example, here is what I found out about the choosing of federal dam projects in the wake of the 1902 Reclamation Act:

To secure support from the western states, the 1902 legislation required that 51 percent of the revenue from federal land sales in each state be spent on Reclamation projects within that state. However, there wasn’t necessarily a relationship between land-sale revenues and the locations of the best projects. This requirement “seriously compromised the ability of government engineers to select projects objectively.”

After the Reclamation Act passed, the Republican Party saw political advantage in quickly proposing a large number of projects in as many states as possible. This rush to launch projects for political reasons reduced efficiency. By 1907 Reclamation had requested and received congressional approval for 24 projects, with every western state receiving at least one. “Most of the projects were begun in great haste with little attention paid to economics, climate, soil, production, transportation, and markets.”

Much of the federal government’s history with infrastructure is one of pork barrel spending, environmental harm, fudged cost-benefit analyses, and cost overruns. Of course, there are mistakes and waste in state, local, and private infrastructure as well, but federal spending is usually worse for basic structural reasons. Those structural reasons—such as parochial politics and lack of oversight—are likely worse now than in 1902.