Property Confiscation And The Risk Of Discrimination

by Corey Burres | Mar 12, 2020

Property Confiscation And The Risk Of Discrimination

We need to discuss an underlying issue around the topic of civil asset forfeiture and why there is need for strong oversight and transparency.

We have discussed what civil asset forfeiture is in a previous blog post but here is a reminder:

Civil asset forfeiture is a process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing.

While efforts need to be made to keep all parties involved accountable and transparent, we must also consider the undue burden this puts on the most vulnerable communities, particularly those in poverty. Once we understand how burdensome this can be on these communities, then we can better address shortcomings of the system to make sure it helps fight crime in these communities.

An Open Door To Discrimination

With civil asset forfeiture, you (or technically your seized property) are guilty until you prove your innocence. This is in direct opposition to the spirit of the judicial system’s design in that someone is innocent until proven guilty.

With civil asset forfeiture YOU bear the burden to fight back through the legal system. This process can result in weeks or even months of legal disputes and red tape. While that would be a burden on any citizen, it could potentially be devastating to someone struggling in poverty.

Civil Asset Forfeiture in Georgia

Download The Report

An Overwhelming Impact

a girl being pulled over and given a ticket Imagine being pulled over and your car being confiscated by police. For anyone this would be an annoyance, but imagine you are someone in poverty. You likely don’t have access to the same network of friends or family members to help you get to your job. You also likely have less flexibility with your work schedule or working remotely.

When your forfeiture court date is set, it would likely be set during regular business hours. For an individual paid by the hour, this could mean lost wages. Depending on the value of the confiscated item, you would want to fight to get back your personal property.

Compounding the issue, is that you are asked to attend a court hearing for your forfeiture case. You are not obligated to attend it, but your side of the story will not be heard if you do not attend. As expected, these court times are set during regular business hours. This could time-off from your job to contest the confiscation during regular work hours.

While some would want to hire legal support to fight the case, those struggling are not likely to have the expendable income to fight the case.

For anyone this could be problematic, but for someone already striving to simply get by, this could be devastating.

Removing The Burden

This is why usage of well-intentioned systems, like civil asset forfeiture, require oversight and transparency. In Georgia this is done via a reporting website by a third-party. Sadly from our research on Georgia’s reporting, efforts to keep confiscation in the public eye has resulted in bureaucracy and mishandled reports.

Our hope is that if such laws are necessary to fight crime efficiently, as many police officials argue they are, than transparency and accountability must remain a top priority.

Have you been a victim of property confiscation by the police?

Did You Know Your Property Can Be Taken Without A Conviction?

by Corey Burres | Mar 11, 2020

Did You Know Your Property Can Be Taken Without A Conviction?

Knowing what civil asset forfeiture is and
what you can do if you are a victim of it

Let’s talk about a topic that doesn’t roll off the tongue or come up in casual conversation – civil asset forfeiture. We here at the Georgia Center for Opportunity (GCO) just released a report on its usage in Georgia because it’s a system that has the potential to overburden low-income communities not able to fight back or financially recover. To understand why this is true, we must first understand what it is, how it’s used and how people go about getting back property confiscated from them.

What is civil asset forfeiture?

Civil asset forfeiture is a process used by law enforcement to confiscate property they deem as having been used in criminal activity. Unlike criminal asset forfeiture, civil asset forfeiture does not require a conviction or criminal charges.

Georgia is one of thirty-four states that have civil asset forfeiture laws. Despite recent laws requiring new reporting, regulations on how funds are used, and transparency there are still stories of abuse.

While abuse is not widespread, it is vital that we create a system that will bring light to abuses so that the benefits of the law are not lost.

Civil Asset Forfeiture in Georgia

Download The Report

What is done with the confiscated property?

Once property is confiscated, it can be retained by law enforcement through a simple procedure that puts the burden on the owner to essentially prove that the property was not used in criminal activity – a very difficult thing to do. Police departments are then free to use the property for any purpose not directly related to officer compensation.

Recent changes in the law were intended to make the forfeiture system more transparent and accountable through clear reporting and giving the public access to the information. While the reforms were helpful and have brought some transparency, more still needs to be done to curb potential abuse of the system and insure innocent individuals don’t have their property taken.

Why is property confiscated?

There are two reasons your property may be confiscated.

The first is if the police believe your property was used in criminal activity. If this happens it is the responsibility of the person whose property is confiscated to make a claim and prove that it was not used in criminal activity.

The other scenario described below by the Institute for Justice, is the police confiscate property used in criminal activity, whether you knew of it or not. So if a criminal breaks into your car and takes it on a crime spree, it can be confiscated, and it becomes the owner’s responsibility to prove innocence.

If an innocent person’s property gets allegedly used by somebody else in a crime, the innocent owner bears the burden of proving that he or she neither knew about nor consented that criminal activity.

How do I get my property back?

If your property is confiscated the responsibility is on the individual whose property is taken to prove their innocence. This includes filling out the proper forms and directly contacting the police department that confiscated your property.

In most cases, the issue will not go to court since the majority of civil forfeitures end administratively. This does not mean you won’t need a lawyer. If you feel you need a lawyer, we suggest reaching out to legal organizations like the Georgia Justice Project or the Institute for Justice. These organizations can help share steps on how to fight abuse.

Share your experience

No matter what the outcome is in your case, it is important to share your story. Most in the system are well-intentioned individuals, but the best way to keep the system accountable is through transparency. If you have a story of civil asset forfeiture, we want to hear from you. Tell us your experience, good or bad.

Have you been a victim of property confiscation by the police?

The Value of Sung and Unsung Heroes

by Katherine Greene | Feb 20, 2020

The Value of Sung and Unsung Heroes

As we celebrate, Black History Month, I’m reminded of the 1993 song written by Mariah Carey and Walter Afanasieff entitled “Hero”. The words to the chorus went like this:

“And then a hero comes along
With the strength to carry on
And you cast your fears aside
And you know you can survive
So when you feel like hope is gone
Look inside you and be strong
And you’ll finally see the truth
That a hero lies in you”

Heroes: Sung and Unsung

Emma White, “Big Mamma”

A hero is defined as a person who is admired or idealized for courage, outstanding achievements, or noble qualities. People like Harriett Tubman, a leading abolitionist and the most famous conductor of the Underground Railroad, are “sung” heroes.

An unsung hero is defined as one who does great deeds but receives little or no recognition for them. Respectfully known to her family as “Big Mamma,” Emma White was an African American woman who fits the definition of an “unsung” hero. She was a matriarch and an example of strong family values.

Finding Our Heroes

During the month of February, we often think about those well-known African Americans who have made a notable mark in history. Too often individuals who are everyday heroes in our own lives don’t get much recognition—those who have found strength inside to provide and care for their families.

Think of a time when an unsung hero gave you hope and strength to carry on? Was it a teacher, pastor, friend, boss, or family member?

For me, it was this determined and hard-working African American woman named “Big Mamma”. A short, petite woman in stature who had a commanding voice like an army sergeant that immediately got your attention. You dare not speak or move unless you were called upon. Everyone in the family (young and old) respected and obeyed her. Big Mamma was my great grandmother and the stern matriarch of the family. She was an unsung hero!

A Hard Working Hero

Big Mamma was not only physically strong but she had a high work ethic. She chopped wood, milked cows, toiled her own land, and grew and maintained her own garden. These are only a few of the labor-intensive jobs she performed to provide for her family. Every weekend, Big Mamma (a dedicated entrepreneur and business woman) opened up her very own fruit and vegetable stand to sell to neighbors or people passing by. I am unaware of the struggles she encountered as a black business owner, but I am certain there were many. Whatever those struggles or barriers were, Big Mamma persevered in order to provide for her family. To many black entrepreneurs, she was a hero.

Big Mamma with her family Family was everything to her. She provided food, clothing, and shelter not just for her immediate family but for near and distant relatives. Her cooking always brought the family together. She laid down the law about family with these words of wisdom: “Never forget where you came from” and “family is always going to be there for you in good times and hard times.” She was the real example of strong family values. To so many families, she was a hero.

The matriarch of our family, “Big Mamma” died at the ripe age of 91. She is gone but not forgotten. Her strong values of hard-work and family first have left a lasting impression on me. She was and is my hero.

Remember Your Heroes

As an African American woman, I have been impacted by both Harriett and Big Mamma’s heroic efforts. Headlines or no headlines, Harriet and Big Mamma were both strong African American women who paved the way for their people.

While there are many known influential and famous African Americans who have been and are still being recognized for their notable achievements (like Harriet Tubman), let us not forget the many African Americans who have contributed and impacted the lives of their families and communities greatly without any accolades or world-wide recognition (like Emma White, a.k.a. “Big Mamma”).

Both heroes are equally important. Both found the strength within to carry on.

I salute all African Americans, “sung” and “unsung” heroes, who have paved the way for us.

That’s why the work that I do at GCO in the Healthy Families Initiative is so meaningful—because we not only help African American families but we help all families THRIVE no matter their ethnicity. Many of the people we partner with are the real unsung heroes.

About The Author

Katherine Greene

Program Manager, Healthy Families Initiative

As the Program Manager of the Healthy Families Initiative (HFI) at Georgia Center for Opportunity (GCO), Katherine works closely with the Program Director and Hispanic Outreach Liaison to strategically build community partnerships and manage relationship skill-building education classes throughout Georgia.

You Don’t Have To Be African American In Order To Appreciate Black History Month!

by Joyce Mayberry | Feb 11, 2020

You Don’t Have To Be African American In Order To Appreciate Black History Month!

As I reflect on Black History Month, I remember when I first started working at the Georgia Center for Opportunity (GCO). Randy Hicks, GCO President and CEO, and I entered into a discussion about African American families. In reality, it should be called more of an awakening than a discussion.

When one group does not succeed, it affects us all.

Randy spoke for several minutes on some of the experiences African American families were having within Georgia and across the country. For instance, the rate at which black people were getting married was drastically dropping while the number of single African-American parents was at an all-time high. He asked me if I was aware of this plight within the black community and I said no. I remember asking him why did HE know so much about this group of people when he was so clearly not one of them, and his response was stunning. He said, “It is important that ALL people flourish.”

When one group does not succeed, it affects us all. To this day, I am still amazed by that conversation, especially because I wasn’t aware of the horrifying statistics affecting my neighbors. After all my parents raised my sisters and me to know about Black History.

I had no knowledge about the state of African-American Marriages or the incredibly high out of wedlock birthrate. As part of my work, I attended The African American Healthy Marriage Initiative conferences and I began to learn more. This education has not only shaped my work but shaped my life in how I think and care for others.

Today, my life is devoted to helping relationships (of all kinds) be healthy and strong. If I’m not doing something to solve the problems, I am part of the problem. As Black History has taught us, it’s through strong individuals and communities coming together that we all become one and see success.

I am very thankful for my conversation with Randy almost 15 years ago.

About The Author

Joyce Mayberry

VP of Family Formation

As VP of Family Formation at the Georgia Center for Opportunity, Joyce works in the community to build strong families through local collaboration, event planning, and outreach.

Recognizing Black History Month Is About Recalling Where We Came From

by Randy Hicks | Feb 4, 2020

Recognizing Black History Month Is About Recalling Where We Came From

Seeing Black History Month through the eyes of 114-year-old Gertrude Baines

To celebrate Black History Month, let me take you back to November 2008.

The morning of the election—an election that would make history with the victory of Barack Obama, first African-American president in U.S. history—a small headline appeared on websites and in papers: “At 114, a daughter of former slaves votes for Obama.”

Gertrude Baines celebrating 115 years Gertrude’s story really typified the reasons why. She was born less than thirty years after the conclusion of the Civil War, during the presidential administration of Grover Cleveland—at a time when African Americans were often kept from voting and subjected to unspeakable abuses. Her life had overlapped those of many of America’s (and history’s) great black leaders, like Frederick Douglass (he died about six weeks prior to Baines’ first birthday), W.E.B. Dubois, Booker T. Washington, George Washington Carver, and Martin Luther King, Jr.

She had lived through some important milestones in the fight for civil rights and equal opportunity. She was 53 when Jackie Robinson jogged onto the diamond at Ebbets Field in Brooklyn, 60 when the Brown v. Board of Education ruling was handed down, and 61 when Rosa Parks refused to give up her seat on a Montgomery bus.

She has also been witness to some of the most shameful moments in our nation’s history. She was 61 when 14-year-old Emmett Till was brutally murdered in Money, Mississippi, 69 when four black children lost their lives in a Birmingham church bombing, and just two days shy of her 74th birthday when Dr. King was assassinated. (Please take note: those are just the high profile abuses she witnessed as a senior citizen.)

Gertrude’s story reminds me of how exceptional and amazing American democracy is. How many other countries have elected ethnic minorities to lead them? Generally speaking, elsewhere in the world, such transitions don’t happen without military coups and civil wars. The fact is, America is exceptional in large part because of the many people of color who helped rise above and form it that way.

President Barack Obama taking his oath of office in January 20, 2009.

Can you imagine Gertrude’s parents ever having said to her, “One day you will cast your vote for a black man who will win the presidency”? I suspect they never could have imagined it. And yet, on November 4th of 2008, Barack Obama became America’s president-elect. And it was not by court order, legislative edict or military force, but by popular vote. The majority of American voters—black, white, Asian, Hispanic, etc.—chose him to be their leader.

The fact is, America is exceptional.

It’s worth pointing out that this is a trajectory we have been on for decades as evidenced by the fact that people of various ethnic backgrounds have been elected or appointed to become governors, lawmakers, cabinet secretaries, judges and so on.

We celebrate that this Black History Month.

Admittedly, I’m just a white guy from Orange County, California, now living happily in Atlanta. My ability to understand the plight of minorities in the U.S. is obviously limited. But I am a human. And I am able to recognize suffering, heartache and inhumanity when I see it. So I am also able to recognize both the source and manifestation of profound joy felt by millions of African Americans – and people of African descent worldwide—in seeing Barack Obama elected to the White House in 2008.

While that was a great moment, so much more remains to be done to ensure that everyone, of every color and ethnic background, has a legitimate opportunity to flourish. We’ve come a long way—but we have a long way still to go.

Gertrude Baines passed away in September 2009 at the remarkable age of 115—at the time, the oldest living person in the world. What a lifetime of progress she saw toward the realization of the American ideal—laid out (but not always carried out) by our visionary and courageous founders: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights…”

And that’s why we at GCO we will be celebrating those who have contributed so much to our nation—those from the African-American community who, like Gertrude, remind us of what is great about this country.

Let’s make Georgia the best state to be a foster child

by David Bass | Jan 30, 2020

Let’s make Georgia the best state to be a foster child

We can’t create flourishing communities without flourishing families—and foster care and adoption are crucial parts of achieving that goal. An alarming 97 percent of kids who age out of the foster care system without a stable connection to a family end up in chronic poverty.

At Georgia Center for Opportunity (GCO), we understand the importance that foster families play in creating stable environments for the most vulnerable in our society—foster children.

That’s why we were thrilled to recently welcome Georgia’s leading providers of adoption, fostering, and prevention services to our offices and to tour some of our state’s foster care community organizations. A particular highlight was welcoming Lynn Johnson, Assistant Secretary for the U.S. Administration for Children and Families, as part of the group.

Our site visits included allied organizations Faithbridge Foster Care, Bethany Christian Services, Foster Care Alliance, Connections Homes, and Promise 686.

Group photo of the GCO Foster Family meeting

The visits come as Gov. Brian Kemp and lawmakers in the Georgia General Assembly are pushing for legislation to reform Georgia’s adoption and foster care system, including increasing the tax credit for adoptions out of the foster care system from $2,000 to $6,000 for the first five years. The measure would also reduce the youngest age allowable to be an unmarried adoptive parent from 25 to 21, plus create a commission to recommend “systematic reform” in the foster care system.

We hope to see the foster community empowered through the current legislative session, so all of Georgia’s children can flourish—no matter their circumstances. For more, don’t miss this video of our panel on foster care and adoption from Breakthrough 2019.

In the end, we wholeheartedly agree with Lt. Gov. Geoff Duncan when he said let’s make Georgia the No. 1 place for foster kids in the U.S.