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Shifting the burden of proof to the government will not make forfeiture law fair if all the government has to prove is that the property figured in a crime (editorial, Feb. 28).
Between the federal law and state laws that make forfeiture easy and lucrative, we have a horrible incentive for government officials (and not just police) to enrich themselves at the expense of honest people who can't fight the system.
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Under state law, public pensions are treated as property held in trust for the employees, and periodic efforts to make their forfeiture a penalty for corrupt public employees have failed.
The goal is to avoid an inadvertent waiver of the right to a jury determination, while also providing timely notice to the court and to the jurors themselves if they will be asked to make the forfeiture determination.
The amendment explains how the court is to reconcile the requirement that it make the forfeiture order part of the sentence with the fact that in some cases the government will not have completed its post-conviction investigation to locate the forfeitable property by the time of sentencing.
The second way states make civil forfeiture harder on property owners is to establish a lower "standard of proof" under which the government can take the property.
And they argue that all of this can make civil forfeiture look a lot like legalized extortion and bribery.
What makes civil forfeiture so legally unique is that a case can be brought directly against otherwise legal goods if they are deemed "fruit of the poisonous tree" — the proceeds of crime.
This leads to odd case names, such as State of Texas v One 2004 Chevrolet Silverado (Mr Ali's case) and United States v $10,500.Even in states where local rules make civil asset forfeiture hard, police can get around that problem by calling in the feds.
Only 11 states make information on forfeiture cases publicly available and many do not even collect data on it at all, which means the details of where, how, and when it's used are difficult to come by.
(i) The actual or apparent owner(s) of or person(s) with possessory interests in the property shall have 30 days from the date of the delivery of the notice of forfeiture to make a request for an administrative review of the forfeiture.
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