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re: Alabama tries to gut asset forfeiture, response from law enforcement is predictable

Posted on 2/12/18 at 3:43 pm to
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 3:43 pm to
quote:

I dont follow. 

My point is if you take away someones cash in a civil proceeding everyone loses. You arent guarenteed legal counsel in civil court.


We're talking criminal proceedings.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 3:45 pm to
quote:

Are you just trying to troll this thread?


I got an early start this afternoon. It's been unfavorably cold in Houston the last 2 days
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 2/12/18 at 3:46 pm to
quote:

Reasonable doubt is a bitch, eh? Works both ways.




Exactly. Lowering evidentiary standards and burdens of proof shouldnt produce more unconvicted "criminals".

Ask the Amherst College John Doe who got expelled for sexual assault after he in fact got assaulted. He couldnt defend himself in their kangaroo court and he got expelled. Lack of due process shouldnt be expected to result in more justice...
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 2/12/18 at 3:46 pm to
quote:

Reasonable doubt is a bitch, eh? Works both ways.


Huh?

It doesn't work both ways. The burden of proof for CAF is not "beyond a reasonable doubt," it's a "preponderance of the evidence."
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 2/12/18 at 3:47 pm to
quote:

We're talking criminal proceedings.


Asset forfeiture is a civil proceeding, not requiring criminal charges.

Either you just pulled a wonderful troll job or we diverged somewhere .
Posted by magildachunks
Member since Oct 2006
36637 posts
Posted on 2/12/18 at 3:49 pm to
quote:


Oh, so it's not presumed innocent until proven guilty..it's presumed rich until proven poor.



Do you even know wtf you're arguing?
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 3:52 pm to
quote:

Exactly. Lowering evidentiary standards and burdens of proof shouldnt produce more unconvicted "criminals


Not fighting for your innocence is the same as guilty. Having money or not.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 3:53 pm to
quote:

Either you just pulled a wonderful troll job or we diverged somewhere ?.



Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 3:54 pm to
Still miffed at you saying you'd destroy a country for 300MM inheritance.
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 2/12/18 at 4:01 pm to
quote:

Still miffed at you saying you'd destroy a country for 300MM inheritance.


Well to be fair the likelihood of me ever having $68 Million to blow is as likely that I could pull off a successful coup (very very small) .

Besides I had a country more in line with Borat & Libya/Ghadaffi in mind when I made that comment than some peaceful setting, but then again thats how every dictator and despot was ever created so .
This post was edited on 2/12/18 at 4:02 pm
Posted by HarryBalzack
Member since Oct 2012
16369 posts
Posted on 2/12/18 at 4:09 pm to
quote:

"Two problems we have with CAF reform: 1) We don't want to prove it was obtained illegally and 2) We don't want to share the wealth that is CAF"
"We aren't interested in enforcing the law & protecting the people unless we make money on it."

These guys really can eat shite.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 4:11 pm to
I get it. Couldn't resist.

You'd hate to be ripped off, but wouldn't mind doing it given the chance of power.
Posted by Kvothe
Member since Sep 2016
2101 posts
Posted on 2/12/18 at 4:23 pm to
Not reading 5 pages of this.

I just want to know if the cops that post here showed up and tried white knighting this and if they sounded as ridiculous as the snippets posted in OP.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82469 posts
Posted on 2/12/18 at 7:28 pm to
quote:

Funny you mention that... there was a whole supreme court case about exactly that, where prosecutors argued that the defendant wasnt entitled to have an attorney present, so by taking the money he would use for counsel, they were depriving no rights.

Kaley v. United States


Kagan wrote the majority opinion.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
141250 posts
Posted on 2/12/18 at 7:29 pm to
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/12/18 at 7:41 pm to
quote:

Last Term, in Kaley v. United States,3× the Supreme Court held that defendants have no constitutional right to challenge a grand jury’s finding of probable cause of guilt for the purpose of defeating a pretrial asset freeze, even if this freeze results in an inability to hire one’s attorney of choice


Probable cause. All defendants, no matter their criminal or monetary stature, should have a right using their illegal and criminal funds to hire adequate legal counsel.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21536 posts
Posted on 2/12/18 at 7:51 pm to
quote:

Kagan wrote the majority opinion


Yep. It was a mixed lineup on either side of the 6-3 decision.

Majority opinion by Justice Kagan. SCALIA, KENNEDY, THOMAS, GINSBURG, and ALITO, JJ., joined

Chief Justice Roberts filed a dissenting opinion in which Justice Breyer and Justice Sotomayor joined.
Posted by Jeff Boomhauer
Arlen, TX
Member since Jun 2016
3603 posts
Posted on 2/12/18 at 7:58 pm to
quote:

Meanwhile, sending the proceeds of forfeiture to the state's General Fund would result in fewer busts of drug and stolen property rings. What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?


But cops don’t have quotas for tickets, nor do they only spend time targeting revenue generating crimes.

This is clearly why no cop has ever spent even more 10 minuets looking for stolen property. Hell in Birmingham you can’t get a cop to even come write a report in person. They do it over the phone from Dunkin Donuts
Posted by olgoi khorkhoi
priapism survivor
Member since May 2011
17082 posts
Posted on 2/12/18 at 8:17 pm to
quote:

What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?



All this time I thought the taxpayers were covering their costs and the incentive was their paycheck and whatever internal reasons they chose to be in law enforcement.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82469 posts
Posted on 2/12/18 at 8:40 pm to
quote:

SCALIA


Went full cuck on that one.
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