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The Water Cooler
General Discussion
Supreme Court Will Decide If Civil Forfeiture Is Unconstitutional, Violates The Eighth Amendment
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<blockquote data-quote="dennishoddy" data-source="post: 3136712" data-attributes="member: 5412"><p>The problem with your conclusion is that the assets that are seized are being done so without a court of law requiring them to be seized when you talk about incentives.</p><p>If they bust a crime ring, they should have to prove the assets actually came from the crime, and they don't currently have to do that.</p><p>The big house and cars could have came from an inheritance but they disregard that. It's just seized.</p><p>Then the person that has been adjudicated guilty before any trial loses their constitutional right that protects one from that very thing.</p><p>Then they have to sue the state to gain their property back which may not even come close to what the trial costs and attorney costs may come to, so most just say fawk it, <strong>which is what Civil Forfeiture is all about.</strong></p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3136712, member: 5412"] The problem with your conclusion is that the assets that are seized are being done so without a court of law requiring them to be seized when you talk about incentives. If they bust a crime ring, they should have to prove the assets actually came from the crime, and they don't currently have to do that. The big house and cars could have came from an inheritance but they disregard that. It's just seized. Then the person that has been adjudicated guilty before any trial loses their constitutional right that protects one from that very thing. Then they have to sue the state to gain their property back which may not even come close to what the trial costs and attorney costs may come to, so most just say fawk it, [B]which is what Civil Forfeiture is all about.[/B] [/QUOTE]
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Supreme Court Will Decide If Civil Forfeiture Is Unconstitutional, Violates The Eighth Amendment
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