Is lynching still allowed in some US states?

Question

I just came accross a news story where the California Supreme Court has decided to prohibit siezure of cars from people accused of participating in prostitution or drug trade.

According to this story, municipal authorities in California have been confiscating cars from people without even waiting for the trial. An accusation was good enough evidence, as far as they were concerned.
http://www.kcbs.com/pages/730526.php?contentType=4&contentId=730202

This sounds to me a lot like the lynchings that happened all over the US a couple of generations ago. Perhaps the outcome now is not as gruesome as it used to be. But punishing people without any trial still looks like lynching to me.

Perhaps this kind of thing is not allowed in California now. But I wonder if other US states have similar punishments without any trial for people who are accused of breaking the law?

Answer 1

no.

it's worse.

the lynchings were done outside the law - this new 'guilty until proven innocent' thing is done by the legal authorities.

it's kafka in america folks...

Answer 2

Wow. I cant believe that you made that connection. Just amazing, really. Let's see, lynching or confiscation of a vehicle used in the commission of a crime...yeah. Same thing.

EDIT:

I'm stunned at the responses. This is worse than LYNCHING? Are you serious? And GITMO? The forfieture laws are not new. The Federal government has been confiscating property that is purchased with money that was the result of criminal enterprise for YEARS. And the money goes to local law enforcement and helps to reduce your taxes. The California law was struck down because innocent owners of the vehicles were being forced to defend themselves when they were not involved in the crime. And that's certainly a fair outcome. Under the Federal statute property cannot be seized permanently unless there is a conviction. It's a complicated law.

But let's not be ridiculous here. You are talking about lynching someone and somehow trying to make a case that this is worse. The very idea of that is simply repugnant. The family of the person who was lynched would probably be extremely angry over the analogy.

Answer 3

Taking someone's car away from them is hardly the equivalent of a lynching. Besides, hangings were performed with due process of the law, not just "because." Lynching is a common term used for mobs who pursue the law without the legal process. Lynch mobs are judge, jury and executioner all in one, and are (and have always been) illegal. Hanging as a method of execution is still legal in Washington, Delaware and New Hampshire.

Besides, I'm sure you were alive a couple of generations ago, so you know exactly how and why people were hanged, right? Ridiculous.

Answer 4

we are nearing the same status as those being held at Gitmo.
Notify your congressmen/women !! If you believe it will do any good. Which it probably will not.