More good news.

MikeAMikeA Senior MemberPosts: 3,921 Senior Member

At issue was the important question of whether the Eighth Amendment’s excessive fines clause applied to the states and whether the excessive fines clause applied to a practice called in rem civil-asset forfeiture. Under this practice, law-enforcement officials often engage in two separate punitive legal processes against criminal defendants. The first is the criminal prosecution itself, which can impose prison sentences and fines according to statutorily defined punishments. The second is often a civil action against the criminal defendant’s property. Yes, the government will file suit against trucks, cars, jewelry, boats, and cash — leading to absurd case captions like, say, Texas v. One Gold Crucifix — claiming that the property was used for criminal purposes and then seize that property under a lower, civil, burden of proof.

Thanks to the Supreme Court, civil-asset forfeiture now faces a new and substantial constitutional obstacle. I particularly liked how Justice Ginsburg traced objections to the excessive fines all the way back to the Magna Carta:
https://www.nationalreview.com/corner/good-news-a-unanimous-supreme-court-strikes-a-blow-for-civil-liberties/

PD's around the country have abused this over and over for profit. I'm happy to see it being addressed. I'm also happy that Ruth is doing better.

Replies

  • George KGeorge K Super Moderator Posts: 9,916 Senior Member

    Liberals, Centrists, Conservatives and Libertarians all agree on this. Now, would that SCOTUS go after speed traps and ticket quotas. The last speeding ticket I received was ten years ago in a VA speed trap on I-81 for being 2 mph over the limit. It still irks me when I think about it.

    As an aside, the PA Supreme Court long ago ruled that ticket quotas are illegal. State and local cops here now use the perfectly legal "administratively determined performance measurement goals".

    Keep your stinkin' government hands off my Medicare.
  • fishingcomicfishingcomic Senior Member Posts: 23,885 Senior Member

    Asset forfeiture is a horrendous abuse of power. Men have lost their lives because they had assets the government wanted to seize.

    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • BuffcoBuffco Senior Member Posts: 10,308 Senior Member

    Finally.

    Asset forfeiture is how the Great General I've used as my avatar had his home stolen from him and turned into a cemetery.

  • fishingcomicfishingcomic Senior Member Posts: 23,885 Senior Member

    Except he was actually guilty of a crime.

    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • BuffcoBuffco Senior Member Posts: 10,308 Senior Member

    It was actually his wife's land. She paid the taxes but they were refused. What was she guilty of?

  • fishingcomicfishingcomic Senior Member Posts: 23,885 Senior Member

    Being married to a traitor that violated his oath.

    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan
  • George KGeorge K Super Moderator Posts: 9,916 Senior Member

    Eventually she sued and got the house and land back, but then sold it right back to the government. I think hubby the traitor had died by then at their home in Lexington.

    Keep your stinkin' government hands off my Medicare.
  • BuffcoBuffco Senior Member Posts: 10,308 Senior Member
    edited February 22 #9

    He was not a traitor to Virginia. That decision deeply affected him and I think you'll find no one with more character and honor in that time period.

  • Green Mt BoyGreen Mt Boy Senior Member Posts: 1,012 Senior Member

    @Buffco said:
    He was not a traitor to Virginia. That decision deeply affected him and I think you'll find no one with more character and honor in that time period.

    I nominate Abraham Lincoln as being that person.

  • MikeAMikeA Senior Member Posts: 3,921 Senior Member
    edited February 22 #11
  • George KGeorge K Super Moderator Posts: 9,916 Senior Member

    @Buffco said:
    He was not a traitor to Virginia. That decision deeply affected him and I think you'll find no one with more character and honor in that time period.

    Nonsense. He took an oath to protect and defend the Constitution of the United States. As a U.S. Army officer and especially as a past Superintendent of West Point you can't simply change sides a la Benedict Arnold - who was not a traitor to King George, btw - and expect to be revered for it.

    Lee was directly responsible for the deaths of many thousands of patriots who stayed true to their oath. Where's the character and honor in that? May he rot in Hell forever, should that place or condition really exist.

    Keep your stinkin' government hands off my Medicare.
  • BushartBushart Senior Member Posts: 2,812 Senior Member

    Wow---you guys don't mess around with your history

    We had a guy "Louis Riel"---led 2 uprisings against the Gov't of Canada---
    He was hanged in 1885 for Treason

    Today your gonna get very mixed reviews on whether he was a villain or a hero
    Many say he was a martyr for his Metis people

    Now remember this guy was hanged for treason.....now this

    Guess they figured it all depended what side of the fight you were on

    https://gov.mb.ca/chc/louis_riel/louis_riel_cusb.html

  • George KGeorge K Super Moderator Posts: 9,916 Senior Member

    @Bushart said:
    Wow---you guys don't mess around with your history

    We had a guy "Louis Riel"---led 2 uprisings against the Gov't of Canada---
    He was hanged in 1885 for Treason

    Today your gonna get very mixed reviews on whether he was a villain or a hero
    Many say he was a martyr for his Metis people

    Now remember this guy was hanged for treason.....now this

    Guess they figured it all depended what side of the fight you were on

    https://gov.mb.ca/chc/louis_riel/louis_riel_cusb.html

    You'll still get the same arguments about John Brown here.

    Keep your stinkin' government hands off my Medicare.
  • BuffcoBuffco Senior Member Posts: 10,308 Senior Member

    Murderer and terrorist.

  • fishingcomicfishingcomic Senior Member Posts: 23,885 Senior Member

    @Buffco said:
    He was not a traitor to Virginia. That decision deeply affected him and I think you'll find no one with more character and honor in that time period.

    He took an oath to defend the Constitution against all enemies foreign and domestic. He broke his oath and was a treasonous so and so.

    'I've spoken of the Shining City all my political life. …In my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still.'" Ronald Reagan

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