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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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Message 1 of 8

When a person is convicted of a crime they should lose the spoils that they gained through crime. However, confiscating money without even charging the person with anything is just plain robbery.

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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Olderscout, this case is about civil forfeiture. Not criminal forfeiture.

 

In short, this case is about such incidents as:

 

...a black preacher driving through some rural region of interstate (there's a particular belt of interstate where "all the drug runners go through") carrying a large amount of cash destined for a new church or for a charitable cause (such as hurricane victims or Haiti ...I am describing an actual incident from a couple years ago but don't recall all the details), pulled over by police (for no particular reason than they want the goodies), they take his cash as he can't "prove" that this is not proceeds from drug dealing. He can return to court, oh, in a few months, returning back there again (missing his day job) in order prove his case. So the police get to keep that money. It's really highway robbery (haha, literally!). This corruption goes beyond unethical, it's immoral!

 

Such incidents happen all the time.

 

 

 


@Olderscout66 wrote:

Not sure this is entirely a good thing. The idea that the government could seize "property used in the commission of a crime" or "property acquired with the proceeds from a crime" are at the heart of the RICO laws that keep drug dealing from being so profitable for the ones we catch. If someone is making a decission about getting involved in "a life of crime", one part of the decission has got to be  how it can change their lifestyle for the better.

 

Lots of career criminals have no problem serving the time, knowing their wife and kids will still live in the best neighborhood and attend the best schools while driving nice cars and getting their clothes at Boyds instead of GoodWill.

 

That changed for Society's benefit with the advent of RICO that removed the ability to retain the illgotten gains. Going back to the old system may not be beneficial to anyone except the criminals and their families.


 

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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I've read of too much abuse of "forfeiture" laws over the past 40 years to make this acceptable to me, personally.

 

If someone is actually convicted of a crime, then sure, forfeiture.  But that's not how the reality has been in application of such laws in my reading.

As it is now, I think the RICO law may need to be directed to a few local police departments.

 


@Olderscout66 wrote:

Not sure this is entirely a good thing. The idea that the government could seize "property used in the commission of a crime" or "property acquired with the proceeds from a crime" are at the heart of the RICO laws that keep drug dealing from being so profitable for the ones we catch. If someone is making a decission about getting involved in "a life of crime", one part of the decission has got to be  how it can change their lifestyle for the better.

 

Lots of career criminals have no problem serving the time, knowing their wife and kids will still live in the best neighborhood and attend the best schools while driving nice cars and getting their clothes at Boyds instead of GoodWill.

 

That changed for Society's benefit with the advent of RICO that removed the ability to retain the illgotten gains. Going back to the old system may not be beneficial to anyone except the criminals and their families.


 

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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Not sure this is entirely a good thing. The idea that the government could seize "property used in the commission of a crime" or "property acquired with the proceeds from a crime" are at the heart of the RICO laws that keep drug dealing from being so profitable for the ones we catch. If someone is making a decission about getting involved in "a life of crime", one part of the decission has got to be  how it can change their lifestyle for the better.

 

Lots of career criminals have no problem serving the time, knowing their wife and kids will still live in the best neighborhood and attend the best schools while driving nice cars and getting their clothes at Boyds instead of GoodWill.

 

That changed for Society's benefit with the advent of RICO that removed the ability to retain the illgotten gains. Going back to the old system may not be beneficial to anyone except the criminals and their families.

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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...adding, it sure is weird how these "forfeitures" typically affect minorities and the poor (minority or not). But not more well-off "main stream folks". Gosh, I wonder what force of physical nature would drive such a thing? gravity? electro-magnetism? nuclear physics? what could it be? surely it's not just a coincidence, is it?

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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Message 6 of 8

Asset forfeiture has always been a corrupt mess. 

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Re: SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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Thanks for the update. I'll have to get more details of this.

 

These actions are at the very top of immoral, corrupt, and unethical actions of different levels of government...Federal, State, Local. I don't know what the current status is of Federal but I recall what's his name under Obama disengaging from the "sharing of the spoils" with states due to this very issue...the unethical application of these "grabs" (not forfeits, but grabs).

Funny thing is that the issue was first presented (to me) in this light of corruption by, of all sources, Readers Digest magazine back in the mid 1980's.

 

I call it immoral because these are so far beyond being unethical that they are immoral and corrupt.

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SCOTUS UNANIMOUS AGAINST ASSET FORFEITURE

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SCOTUS unanimously rules against dishonest states and dishonest cops...

 

Supreme Court clamps down on 'excessive fines' by states | TheHill

 

Looks like cops are going to have to write a whole bunch more bogus traffic tickets...

44>dolt45
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