United States of America v. $124,700 in U.S. Currency - Fantasy Baseball Cafe 2014 Fantasy Baseball Cafe
100% Deposit Bonus for Cafe Members!

Return to General Talk

United States of America v. $124,700 in U.S. Currency

Moderator: Baseball Moderators

Postby RugbyD » Wed Aug 23, 2006 9:30 am

looks like i've missed some good convo. anyways, first things first: i owe an apology to jose for getting ants in my pants about a bunch of stuff that was pre-CAFRA.

The post-CAFRA world we live in still has 3 glaring deficiencies:

1) Burden of proof - While the previous 'probable cause' standard was essentially no standard, the current 'preponderance' standard is suffers from excessive subjectivity. The dissenting opinion of this case is a perfect example. The originally proposed 'clear and convincing' standard would make me sleep much better at night.

2) Proportionality - CAFRA does not address the issue of disproportionate seizures. The burden is still on the claimant to prove the negative.

3) In rem forfeiture - the technical legal concept that property can be presumed guilty (bad money! ::spank spank:: naughty naughty money! ::spank:: ), let alone presumed anything other than inanimate and featureless, without due process. The inconsistencies blow my mind. First, property is elevated to person status without be afforded standard person rights. Second, the deprivation of someone's property is not recognized as punishment of that person. How can you punish someone if the law offers no recognition of an offense being committed? Easy; blame an inanimate object. wee-todd-ed.
TennCare rocks!!!!
RugbyD
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe Ranker
Posts: 5591
Joined: 7 Dec 2004
Home Cafe: Baseball
Location: punting small dogs and being surly

Postby acsguitar » Wed Aug 23, 2006 10:37 am

Where's JRM he's a wanna be lawyer or maybee he is a lawyer by now
I'm too lazy to make a sig at the moment
acsguitar
Hall of Fame Hero
Hall of Fame Hero

User avatar
Graphics Expert
Posts: 26722
Joined: 7 Apr 2004
Home Cafe: Baseball
Location: Back in General Talk WOOO!!!

Previous

Return to General Talk

Who is online

Users browsing this forum: neuronss and 2 guests

cron
Forums Articles & Tips Sleepers Rankings Leagues


Today's Games
Monday, Sep. 1
(All times are EST, weather icons show forecast for game time)

Philadelphia at Atlanta
(1:10 pm)
NY Mets at Miami
(1:10 pm)
indoors
Boston at Tampa Bay
(1:10 pm)
indoors
Minnesota at Baltimore
(1:35 pm)
Pittsburgh at St. Louis
(2:15 pm)
Milwaukee at Chi Cubs
(2:20 pm)
Seattle at Oakland
(4:05 pm)
Detroit at Cleveland
(4:05 pm)
San Francisco at Colorado
(4:10 pm)
Arizona at San Diego
(4:10 pm)
Texas at Kansas City
(8:10 pm)
Washington at LA Dodgers
(8:10 pm)

  • Fantasy Baseball
  • Article Submissions
  • Privacy Statement
  • Site Survey 
  • Contact