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> I believe there needs to be reform of civil forfeiture as much as the next guy If by "reform" you mean "complete elimination", then I agree. Civil forfeitur
by Sohcahtoa82 6y ago
> I believe there needs to be reform of civil forfeiture as much as the next guy
If by "reform" you mean "complete elimination", then I agree.
Civil forfeiture is such a clear and obvious violation of your Fourth Amendment rights. How it lasted more than even a few DAYS before being struck down by even the lowest level courts is beyond me.
- HideousKojima 6y agoCivil forfeiture has its origins in customs law where a ship transporting contraband would be seized along with its contents. This was because in the 1600's to 1800's it wasn't feasible to track down and punish the owners of the goods/ship in a foreign country assuming you could even figure that out. Of course the practice got expanded to contexts and situations that have nothing to do with smuggling because government will use any excuse to expand its powers.
- slg 6y agoMy first change would be to shift the burden of proof. Right now civil forfeiture includes a presumption of guilt. Switch that to a presumption of innocence and many of these problems would go away. That presumption of guilt is somewhat central to the civil forfeiture process, so whether this a a "reform" or "complete elimination" is a semantic debate. There are certainly some instances in which the forfeiture is just. The previous mentioned Madoff case is one example.