Let's Talk About Civil Asset Forfeiture

[To Be Quite Honest]

Originally Posted by GGG

You guys are a bunch of dinks. Let the man post a thread to talk about something he's interested in.

The law itself is a good law. Removing the proceeds of crime makes sense. Cook Meth in your house, lose your house. Transport drugs with your car lose your car.

I think the key though is that the forfeiture revenues should not go to the people enforcing the forfeiture laws. Put it all in a victims support fund or some kind of scholarship trust or community programming. Do allow the people who take the money to use the money.

And the second would be judicial oversight. Before inscring a civil forfeiture it should require judicial review like a warrant where the link would be evaluated.

I'm hardly being a dink! Although, I have a dink...

[OMG!WTF!]

Originally Posted by CorsiHockeyLeague

Not unless it was actually purchased with funds that were generated by the commission of a crime. If I buy a house today with the money I made from my job, and decide to use it to start my criminal empire tomorrow, it is not the "proceeds" of a crime. It's the proceeds of my current job.

Any law that permits its seizure is effectively saying, "we think this guy is a really bad guy, so it's okay if we take his stuff without any oversight whatsoever without even proving he's a bad guy". That is just taking a giant crap on the rule of law.

Yeah that's exactly what the BC courts have just ruled on. It should go without saying that the seized asset exists because of criminal proceeds. It's amazing that isn't the case.

[Canehdianman]

Originally Posted by OMG!WTF!

Yeah that's exactly what the BC courts have just ruled on. It should go without saying that the seized asset exists because of criminal proceeds. It's amazing that isn't the case.

This would be fine, if the Crown had to prove that the assets were the result of criminal proceeds. It is the fact that it side-steps the requirement to prove that they are directly related that has people up in arms.

[Locke]

How do you guys expect these people to operate a successful dictatorship if the Government cant just step in and take whatever it wants?