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1091 sats \ 9 replies \ @Murch 25 Apr \ on: Civil Forfeiture And Samurai Mixed Bitcoin bitcoin
I don’t understand how Civil Forfeiture is not outright unconstitutional. Objects don’t have agency, and people are innocent until proven guilty. How is taking anyone’s stuff without due process or compensation so widely tolerated?
When all this crap started I was practicing criminal defense law and thought for sure it would be declared unconstitutional. I was wrong. I was idealistic about the legal system back then too. Now it's a show circus just like politics. Those in power decide what outcome they want, then put it through the due process charade.
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I could be mistaken and if so let me know! Wasn’t one of the reasons it has become so common was because they were catching people and not freezing their assets and those people who were later convicted and ordered to pay restitution made there assets disappear?
I feel like I remember reading about that and so the government started doing the forfeiture stuff to try and prevent this from happening… could be completely wrong though!
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I'm sure that was the supposed rationale, but it was just another example of government plunder.
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Yeah... I hate to say this but the only way I see this being corrected would be them (DOJ) seizing something and either lose it or mishandle it and it turns out to be some rich guy who was innocent. Then that guy takes them to court and this then gets bundled in with some criminal justice reform bill
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The fourth amendment in the bill of rights protects citizens against "unreasonable search and seizure." If the person isn't charged with a crime then from a legal standpoint any seizure seems unreasonable.
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