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Would this end civil asset forfeiture?
Posted on 10/16/17 at 10:20 pm
Posted on 10/16/17 at 10:20 pm
Never happen, but should a law pass mandating all money from civil asset forfeitures be reserved for the public defenders offices in each jurisdiction, would that kill police and prosecutor enthusiasm for this abhorrent practice?
This post was edited on 10/16/17 at 10:21 pm
11
Posted on 10/16/17 at 10:22 pm to FightinTigersDammit
Good idea, public defender offices are always underfunded for a constitutional right.
.....but yes, it would cut down civil asset forfeiture.
.....but yes, it would cut down civil asset forfeiture.
Posted on 10/16/17 at 10:24 pm to FightinTigersDammit
Put it in escrow maybe. Why, if you’re guilty , should you have the luxury of ill-gotten gains to defend yourself with? Same goes for if you’re innocent you should get your property back. Escrow seems like the ideal solution.
Posted on 10/16/17 at 10:26 pm to idlewatcher
Prosecutors and cops love to talk about how effective it is as a crime-fighting tool. I wonder how effective they would consider it if they couldn't have the proceeds.
Posted on 10/16/17 at 10:39 pm to FightinTigersDammit
It doesn't change the fundamental problem, but I love the way it would at least remove the conflict of interest. Nice idea!
Posted on 10/16/17 at 10:59 pm to FightinTigersDammit
I won $4200 at a Casino one night and was pulled over for speeding. The officer asked if he could search my truck. I let him and he found the cash. He called for backup and then basically gave me a receipt for the cash. It took me 3 weeks to give them enough evidence to get my cash back.
It's like you're guilty until they decide that you're not
It's like you're guilty until they decide that you're not
Posted on 10/16/17 at 11:00 pm to winston318
quote:
It's like you're guilty until they decide that you're not
It is a complete and utter cockslap in the face of due process.
To be honest, you're pretty lucky you got it back. They could have just kept or 'lost' it, and you would have had very little recourse.
Posted on 10/16/17 at 11:17 pm to FightinTigersDammit
I disagree. There should be no pre-conviction asset forfeiture absent that which is taken for use as evidence in the trial.
I would go even a step further and state that fines for traffic violations shouldn't go to any party in the proceeding. Those fines should go to the highway transportation trust fund of the local and/or state government where it can be used for roads and roads alone.
Public defenders and DA's should receive equal funding from the same source, and police should never be given a financial incentive to issue citations.
I would go even a step further and state that fines for traffic violations shouldn't go to any party in the proceeding. Those fines should go to the highway transportation trust fund of the local and/or state government where it can be used for roads and roads alone.
Public defenders and DA's should receive equal funding from the same source, and police should never be given a financial incentive to issue citations.
Posted on 10/16/17 at 11:45 pm to idlewatcher
quote:Just so you know, in this scenario, innocent people are deprived of the very assets required in order to mount a credible defense.
Put it in escrow maybe. Why, if you’re guilty , should you have the luxury of ill-gotten gains to defend yourself with? Same goes for if you’re innocent you should get your property back. Escrow seems like the ideal solution.
Posted on 10/17/17 at 3:39 am to winston318
quote:
The officer asked if he could search my truck. I let him and he found the cash.
Never, never, never let them search without a warrant. And never let them in your house without a warrant. Even if you know you have nothing illegal.
Posted on 10/17/17 at 8:15 am to FightinTigersDammit
yup
the police/DAs would also die a little inside every time they saw a PDO investigator rolling around in a seized charger/challenger
the police/DAs would also die a little inside every time they saw a PDO investigator rolling around in a seized charger/challenger
Posted on 10/17/17 at 8:37 am to SlowFlowPro
"he police/DAs would also die a little inside every time they saw a PDO investigator rolling around in a seized charger/challenger"
Posted on 10/17/17 at 8:39 am to FightinTigersDammit
quote:
Never happen, but should a law pass mandating all money from civil asset forfeitures be reserved for the public defenders offices in each jurisdiction
why would we give money to a group whos job it is to let criminals off without any punishment?
Posted on 10/17/17 at 8:40 am to kingbob
The funding disparity between the DAs and PDOs in Louisiana is criminal
Posted on 10/17/17 at 8:40 am to Junky
quote:
public defender offices are always underfunded for a constitutional right.
as they should be. If you can't afford a lawyer you should've gotten a job instead of committing crimes your whole life
Posted on 10/17/17 at 8:42 am to el Gaucho
quote:
why would we give money to a group whos job it is to let criminals off without any punishment?
That's the job of the judge and/or jury.
Posted on 10/17/17 at 8:43 am to FightinTigersDammit
quote:
Would this end civil asset forfeiture?
If the 4th Amendment can't do it, nothing will.
Posted on 10/17/17 at 8:45 am to Esquire
quote:
That's the job of the judge and/or jury.
No, the jury isn't even really a job because it's like 11 bucks a day. And the judge is on the prosecutors team to take down the criminals
basically public defenders get paid to say "if the glove doesn't fit" so criminals can get back on the street
Posted on 10/17/17 at 8:47 am to idlewatcher
quote:
Put it in escrow maybe. Why, if you’re guilty , should you have the luxury of ill-gotten gains to defend yourself with? Same goes for if you’re innocent you should get your property back. Escrow seems like the ideal solution.
This is what they do now, basically.
The problem comes from people then not being able to afford to "prove" their innocence in a country where you are supposed to be innocent until proven guilty.
Posted on 10/17/17 at 8:48 am to el Gaucho
quote:
No, the jury isn't even really a job because it's like 11 bucks a day. And the judge is on the prosecutors team to take down the criminals
basically public defenders get paid to say "if the glove doesn't fit" so criminals can get back on the street
None of this is correct.
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