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Sessions greenlights police to seize cash...


..., property from people suspected of crimes but not charged

quote:

he Justice Department announced a new federal policy Wednesday to help state and local police take cash and property from people suspected of a crime, even without a criminal charge, reversing an Obama administration rule prompted by past abuse by police.

Deputy Attorney General Rod J. Rosenstein said the Justice Department will include more safeguards to prevent the kind of problems that have been documented in the past. Police departments will be required to provide details to the Justice Department about probable cause for seizures, and federal officials will have to more quickly inform property owners about their rights and the status of the seizures.

“The goal here is to empower our police and prosecutors with this important tool that can be used to combat crime, particularly drug abuse,” Rosenstein said at a news briefing. “This is going to enable us to work with local police and our prosecutors to make sure that when assets are lawfully seized that they’re not returned to criminals when there’s a valid basis for them to be forfeited.”

[emphasis added]

I have no problems whatsoever with drug dealers or real estate developers, among others, having their assets seized if they were accrued as part of a criminal enterprise. However, given the past abuses by municipalities and counties starved of cash, I wonder if these so-called new "safeguards" will be enough. Setting all that aside, what of that "little" thing known as Due Process?


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O wad some Power the giftie gie us
To see oursels as ithers see us!
It wad frae monie a blunder free us
An foolish notion.

"To a Louse" ~ Robert Burns
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stonesurfdog5 Profile
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Re: Sessions greenlights police to seize cash...


So when is the FBI going to confiscate and freeze the assets of Trump who is suspected of treason, fraud, money laundering and conspiracy?
3/8/2018, 10:31 am Link to this post Send Email to stonesurfdog5   Send PM to stonesurfdog5
 
sisl Profile
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Re: Sessions greenlights police to seize cash...





    Surfy is rapidly supplanting Teech as a worthy commissar.

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When Government fears the people, there is Liberty.
When the people fear the Government, there is TYRANNY!
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Patango Profile
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Re: Sessions greenlights police to seize cash...


There ya go, Dog.

]Attorney General Says Report on Ferguson Police Is 'Searing'

This study also addresses this issue, its from WAY back in 2015. I really had no idea our justice dept could spend all that money studying something, only to have it thrown in the trash by someone like Sessions/Trump.

The !@#$ "do nothing" GOP U S congress strikes again! They are working NOTHING as we speak.

Their billionaire handlers on Wall St are upset about tariffs, so they will address that, pronto!

"But the working class the working class!"

What a freaking joke.

They got white trash like sisl, elk scat and shar to lick their boots any way.

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crogin Profile
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Re: Sessions greenlights police to seize cash...


quote:

...what of that "little" thing known as Due Process?



What about that "little" thing known as "the presumption of innocence???


quote:

Presumption of innocence

Presumption of innocence. The presumption of innocence, sometimes referred to by the Latin expression ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty.


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quote:

Presumption of Innocence

A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence.

The presumption of innocence, an ancient tenet of Criminal Law, is actually a misnomer. According to the U.S. Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of contrary evidence (Taylor v. Kentucky, 436 U.S. 478, 98 S. Ct. 1930, 56 L. Ed. 2d 468 [1978]). It is not considered evidence of the defendant's innocence, and it does not require that a mandatory inference favorable to the defendant be drawn from any facts in evidence.

In practice the presumption of innocence is animated by the requirement that the government prove the charges against the defendant Beyond a Reasonable Doubt. This due process requirement, a fundamental tenet of criminal law, is contained in statutes and judicial opinions. The requirement that a person suspected of a crime be presumed innocent also is mandated in statutes and court opinions. The two principles go together, but they can be separated.

The Supreme Court has ruled that, under some circumstances, a court should issue jury instructions on the presumption of innocence in addition to instructions on the requirement of proof beyond a reasonable doubt (Taylor v. Kentucky). A presumption of innocence instruction may be required if the jury is in danger of convicting the defendant on the basis of extraneous considerations rather than the facts of the case.

The presumption of innocence principle supports the practice of releasing criminal defendants from jail prior to trial. However, the government may detain some criminal defendants without bail through the end of trial. The Eighth Amendment to the U.S. Constitution states that excessive bail shall not be required, but it is widely accepted that governments have the right to detain through trial a defendant of a serious crime who is a flight risk or poses a danger to the public. In such cases the presumption of innocence is largely theoretical.

Aside from the related requirement of proof beyond a reasonable doubt, the presumption of innocence is largely symbolic. The reality is that no defendant would face trial unless somebody—the crime victim, the prosecutor, a police officer—believed that the defendant was guilty of a crime. After the government has presented enough evidence to constitute Probable Cause to believe that the defendant has committed a crime, the accused need not be treated as if he or she was innocent of a crime, and the defendant may be jailed with the approval of the court.

Nevertheless, the presumption of innocence is essential to the criminal process. The mere mention of the phrase presumed innocent keeps judges and juries focused on the ultimate issue at hand in a criminal case: whether the prosecution has proven beyond a reasonable doubt that the defendant committed the alleged acts. The people of the United States have rejected the alternative to a presumption of innocence—a presumption of guilt—as being inquisitorial and contrary to the principles of a free society.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

presumption of innocence

n. a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is opposite from the criminal law in many countries, where the accused is considered guilty until he/she proves his/her innocence or the government completely fails to prove its case. (See: presumption, beyond a reasonable doubt)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

Associated concepts: fundamental rights
Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.

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<a href="[sign in to see URL]+of+innocence">presumption of innocence</a>




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Don't try to tell me the only way left is up. There's always more down!

3/8/2018, 11:42 am Link to this post Send Email to crogin   Send PM to crogin
 
Mind Riot Profile
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Re: Sessions greenlights police to seize cash...


quote:

LochLomonder wrote:


I have no problems whatsoever with drug dealers or real estate developers, among others, having their assets seized if they were accrued as part of a criminal enterprise.




I realize I am quoting you out of context but I have a real problem with civil forfeitures of any kind prior to an adjudicated decision comes down and then, only on a case by case basis.

They are going to do it, the pricks, but, like guns, we have to make it a very labor intensive effort to do so in order to build in the idea that these types of things be done rarely and by or for the people that truly deserve it.

If some kid is slinging rock and still lives home with his parents and they go in and start taking the parents' home, cars, et al, I just find that horribly wrong.

Because the dude slinging bad mortgages from a phone on his yacht rarely has to forfeit his assets!

Maybe if our judicial system wasn't so entrenched in its current feudal state, protecting the lord class while kicking the serf while they are down, I would feel differently.

Last edited by Mind Riot, 3/8/2018, 7:21 pm


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Flint still does not have clean water

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