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.
Hall of Fame Hero
Hall of Fame Hero

User avatar
Cafe Ranker
Posts: 5589
(Past Year: -2)
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
Hall of Fame Hero
Hall of Fame Hero

User avatar
Graphics Expert
Posts: 26605
(Past Year: -117)
Joined: 7 Apr 2004
Home Cafe: Baseball
Location: Back in General Talk WOOO!!!


Return to General Talk

Who is online

Users browsing this forum: No registered users and 11 guests