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[SCOTUS] thread we dreaded updates for because RIP RBG

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    PreacherPreacher Registered User regular
    moniker wrote: »
    Trace wrote: »
    I'm waiting for the announcement that Thomas has decided to retire, giving Trump yet another Supreme Court pick that'll fuck the country for four decades or more after he's gone.

    He's only 70, he has another decade+ of writing opinions that are a century out of place.

    And that he financially benefits from.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
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    shrykeshryke Member of the Beast Registered User regular
    DarkPrimus wrote: »





    Joshua Block is an attorney for the LGBT-focused wing of the ACLU.

    I know a lot of gnashing of teeth is happening, deservedly, over the ruling because of Gorsch and Kavanaugh, but Joshua points out here that we can't forget that Thomas is also a piece of shit who doesn't care about conflicts of interest.

    Originally posted in the immigration thread, but was informed its more topical to go here.

    Like I said in the other thread:
    shryke wrote: »
    Same thing has happened before with Thomas. His wife is a real piece of shit involved in a lot of really nasty lobbying work. It doesn't matter and he will never recuse himself because to the Right the SCOTUS is merely a tool to advance their regressive agenda.

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    PreacherPreacher Registered User regular
    I mean that Ginni Thomas lobbies on behalf of entities that Thomas decides on is an embarrassment to the impartiality of the court.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
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    Undead ScottsmanUndead Scottsman Registered User regular
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    enlightenedbumenlightenedbum Registered User regular
    For now.

    They also allowed the execution of a man who had been granted a stay by the 11th circuit. The stay had been granted because the prison wouldn't allow his imam to be present in his final moments, while they routinely allow Christian chaplains to join others condemned to die. SCOTUS was like, eh, whatever, he didn't appeal quickly enough. 5-4, of course.

    Self-righteousness is incompatible with coalition building.
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    ViskodViskod Registered User regular

    What Kavanaugh wrote a dissent because the court found the same law that Texas tried to push in 2016 just as unconstitutional now in 2018 as it was then and upheld precedent?

    Why poor Susan Collins must just be beside herself.

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    DarkPrimusDarkPrimus Registered User regular


    Read Kagan's dissent. It really says it all.

    (Mark Joseph Stern is a writer for Slate and a lawyer. Using his tweet since the whole dissent is there for easy reading.)

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    DoodmannDoodmann Registered User regular
    The death penalty should either be illegal or the governor should have to personally take someone out and shoot them in the head.

    Everything about the death penalty is gross as hell, bordering on Mangala-esque torture.

    Whippy wrote: »
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    DarkPrimusDarkPrimus Registered User regular
    To be clear, it's Kagan's dissent for the decision to reverse the stay on the execution.

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    Phoenix-DPhoenix-D Registered User regular
    DarkPrimus wrote: »
    To be clear, it's Kagan's dissent for the decision to reverse the stay on the execution.

    The majority denied the stay because he waited 5 days between finding out his request was denied and appealing. 5 days.

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    DarkPrimusDarkPrimus Registered User regular
    Phoenix-D wrote: »
    DarkPrimus wrote: »
    To be clear, it's Kagan's dissent for the decision to reverse the stay on the execution.

    The majority denied the stay because he waited 5 days between finding out his request was denied and appealing. 5 days.

    No, see, he should have appealed months earlier when he was told what the date of his execution was going to be, even though back then there was nothing said to him to indicate that his religion would not be accommodated.

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    MorganVMorganV Registered User regular
    DarkPrimus wrote: »
    Phoenix-D wrote: »
    DarkPrimus wrote: »
    To be clear, it's Kagan's dissent for the decision to reverse the stay on the execution.

    The majority denied the stay because he waited 5 days between finding out his request was denied and appealing. 5 days.

    No, see, he should have appealed months earlier when he was told what the date of his execution was going to be, even though back then there was nothing said to him to indicate that his religion would not be accommodated.

    Yep. I file suit on every potentially impactful decision, before the decision has been made. It's just common sense.

    Going to visit my mother next week. Already filed lawsuits against the bus company AND train company for being late, despite them not being late yet, of course. Also have a pending suit against my mother if she has to cancel for other commitments, and am already filing the paperwork to add on the people she might have other commitments to (could be my sibling or their kids, or one of a few family friends, so I'm keeping my options open). I mean, gotta protect myself, yes?

    Five. Fucking. Days.

    While it's clear Christianity would never be in this position in America (because of course not, despite encroaching "Sharia Law"), given how the anti-BDS position has got traction in state and federal governments, I'd bet significant money that if this was a Judaist being denied a rabbi, that five days to file wouldn't be a fucking acceptable reason to vacate the stay.

    I'm honestly not surprised by this. I'm heartbroken. Not a believer (of any faith), and I don't oppose the death penalty for the normal reasons (my objections are primarily legalistic) but if having a leader of their faith gives comfort to someone the state is going to kill, it's the fucking least they can do.

    How many times is the US going to ignore the primary tenets of their founding (and subsequent revisions) that everyone should be fucking equal under the law.

    All the times, apparently. It's clear that there's a separate rule for rich, straight, white, Christian men (at least four of the five), and a rule for everyone else. So fucking sick of it. American wants to claim the mantle of the "best" country in the world? Fucking PROVE it. Hell, take up Melania's stupid slogan. Be best. Not this obscene fucking theatre of it.

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    MorganVMorganV Registered User regular
    Hmm... for some reason I can't edit to add this.

    I am curious if the prison chaplain (who would have been allowed to do their duty if it was a Christian being executed) objected to this denial or not.

    I'd hope so, but it's Alabama, and while I try to be open-minded, I wouldn't bet money on it.

    I'm sure there are many truly compassionate and egalitarian clergy in Alabama, I think they'd be outnumbered, given how at least their politicians govern, when it comes to religion under the law. Which is representative of their voters, which is representative of their faith leaders.

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    DoctorArchDoctorArch Curmudgeon Registered User regular
    Exhibit #678 in how Scalia-style textualism is morally and intellectually bankrupt.

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    durandal4532durandal4532 Registered User regular
    The court needs to be packed. It's already a legislative arm at this point. It's just a horribly designed legislative arm in it's current form that will be harm us for decades at minimum.

    A 5-4 decision that your religion doesn't count unless it's the religion shared by the Republicans on the court is just fucking disturbing.

    Take a moment to donate what you can to Critical Resistance and Black Lives Matter.
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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    Nod. Get treat. PSN: Quippish
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    monikermoniker Registered User regular
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

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    PolaritiePolaritie Sleepy Registered User regular
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    Yeah, SCOTUS has been signaling that they're going to smash civil forfeiture for a while now, neither wing of the court seems to find it palatable.

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    kaidkaid Registered User regular
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    Yup this seems like a pretty big hammer toss in the direction to civil asset forfeiture which undoubtedly is a good thing.

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    kaidkaid Registered User regular
    Polaritie wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    Yeah, SCOTUS has been signaling that they're going to smash civil forfeiture for a while now, neither wing of the court seems to find it palatable.

    Yup even the most right wing on the court have been making ominous rumbling about their feelings towards civil forfeiture for a while. For their various reasons all were looking at this more and more dubiously over the years and I think that just came to a head.

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    DarkPrimusDarkPrimus Registered User regular
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

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    Martini_PhilosopherMartini_Philosopher Registered User regular
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    Read through the opinions. Those concurring opinions do a great job of locking and sealing the door behind them. Thomas in particular seems to go out of his way to make sure there's not going to be another legal theory anyone can hang their hat on for saying forfeiture is okay.

    All opinions are my own and in no way reflect that of my employer.
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    ViskodViskod Registered User regular
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Now now, this only applies to poor people.

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    monikermoniker Registered User regular
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

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    silence1186silence1186 Character shields down! As a wingmanRegistered User regular
    edited February 2019
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    silence1186 on
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    So It GoesSo It Goes We keep moving...Registered User regular
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Yeah, restitution is miles away from what civil forfeiture is.

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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    Nod. Get treat. PSN: Quippish
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    BrodyBrody The Watch The First ShoreRegistered User regular
    Sorry if this question gets a little into the weeds, and I realize that all of it is somewhat predicated on "Law and Order" vs Fuck the Police, but what exactly is civil forfeiture vs criminal, and will criminal still be available to prosecute large scale drug trafficking? Or is the fact that its still used to combat large scale drug trafficking a cover story for stealing property to fund the war on drugs?

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    kimekime Queen of Blades Registered User regular
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    If anything, that makes it worse.

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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    It's more stealing property to fund the police department for whatever, maybe the cops take home a TV.

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    kaidkaid Registered User regular
    kime wrote: »
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    If anything, that makes it worse.

    Much worse its really really hard to fight one of these cases because you don't have much standing. They are not saying you committed a crime they are saying your money or your car did. So you have to go through crazy hoops to try and contest it and most people who are not wealthy simply don't have the resources access to lawyers skilled enough to fight it. It is basically straight up highway robbery at this point so hopefully this ruling by SCOTUS puts the breaks on this nonsense.

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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    Brody wrote: »
    Sorry if this question gets a little into the weeds, and I realize that all of it is somewhat predicated on "Law and Order" vs Fuck the Police, but what exactly is civil forfeiture vs criminal, and will criminal still be available to prosecute large scale drug trafficking? Or is the fact that its still used to combat large scale drug trafficking a cover story for stealing property to fund the war on drugs?

    Asset Forfeiture isn't actually a punishment for a crime. It isn't even a criminal procedure. It is a civil case and it is brought against the asset itself. "The State versus $66,243 dollars in cash" sort of cases. To avoid it you have to prove that the money isn't illegal. So it flips the presumption of "innocence", it removes your right to free consul if you can't afford it, and the seizure happens long in advance of the trial being completed.

    Right now nothing has changed because of this ruling except it is harder for states to justify seizing houses over dime bags. I am hopeful that it leads to the current asset forfeiture system being done away with.

    I can see a system where property that are the proceeds of illegal activities are seized but it is going to require a much different standard in the law to be just, and possibly Constitutional changes to be legal.

    Nod. Get treat. PSN: Quippish
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    DarkPrimusDarkPrimus Registered User regular
    So It Goes wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Yeah, restitution is miles away from what civil forfeiture is.

    Apologies if I was misunderstanding from not reading the actual opinion yet, is this just about asset forfeiture as part of conviction penalties, or do the opinions also include comments on civil forfeiture, where assets are seized without any conviction of wrongdoing?

  • Options
    DevoutlyApatheticDevoutlyApathetic Registered User regular
    kime wrote: »
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    If anything, that makes it worse.

    Oh yeah, 100% agree on that. Now that case in particular is going to have problems with this most recent ruling because a house far exceeds the maximum possible fine for $40 bucks of weed. There are other cases where this isn't directly going to impact but pretty much begs somebody to bring those other cases to the Court so they have a reason to gut it in general.

    Nod. Get treat. PSN: Quippish
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    silence1186silence1186 Character shields down! As a wingmanRegistered User regular
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    So the house case was Civil Forfeiture, but different from the SCOTUS case where the guy's Range Rover was seized by the police? Not comparable?

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    So It GoesSo It Goes We keep moving...Registered User regular
    You can order seized evidence in a case forfeited when someone is sentenced after conviction of a crime. Civil forfeiture is a different beast in that it's not linked to a criminal legal case necessarily and as pointed out above is propped up by the absurd legal fiction that you are suing the property itself.

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    Metzger MeisterMetzger Meister It Gets Worse before it gets any better.Registered User regular
    Jon Oliver's episode on asset forfeiture is really good

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    PolaritiePolaritie Sleepy Registered User regular
    DarkPrimus wrote: »
    So It Goes wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Yeah, restitution is miles away from what civil forfeiture is.

    Apologies if I was misunderstanding from not reading the actual opinion yet, is this just about asset forfeiture as part of conviction penalties, or do the opinions also include comments on civil forfeiture, where assets are seized without any conviction of wrongdoing?

    This case does not directly touch civil forfeiture, no. The ruling almost certainly limits it... if you can afford a lawyer.

    The court has signalled on this in prior cases though, and is probably waiting for the right one to finish it off.

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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    edited February 2019
    moniker wrote: »
    DarkPrimus wrote: »
    moniker wrote: »
    Well this is a spicy meatball.

    https://www.supremecourt.gov/opinions/18pdf/17-1091_5536.pdf

    Court just ruled 9-0 that the 8th Amendment is incorporated to the states and glared very hard at Asset Forfeiture.

    Still reading but this really strikes me as an unmitigated Good Thing. Asset forfeiture is complete bullshit (as currently implemented.)

    It's almost as if fines are a perfectly reasonable form of restitution until you make them unreasonably excessive.

    Or, y'know, fines being imposed without any conviction of actual wrongdoing.

    Timbs pled guilty/was convicted.

    In this case, yes, but there was a case where a couple lost their house because the house was seized as evidence because their son was selling drugs in their house, unbeknownst to the parents. The police kept the house afterwards. Just because it was evidence. Cite.

    That's not why it was seized. It was seized because the government asserted that it was used to sell drugs from. Under our drug laws the government can seize property that is used in drug trafficking. They literally sue the property itself, not the owners. To get it back you have to launch a lawsuit of your own, on your own dime. There are no public defenders for this since you aren't charged with a crime.

    The house being evidence has no bearing on this.

    So the house case was Civil Forfeiture, but different from the SCOTUS case where the guy's Range Rover was seized by the police? Not comparable?

    The Range Rover was also Civil Forfeiture, so pretty comparable. The biggest issue with the house would be that it was seized because of actions that weren't done by the owner so making the comparison to fines is more tenuous. Overall, I don't think that'd make SCOTUS more likely to support the seizure.

    Edit: Listen to the actual lawyers in here on that bit.

    DevoutlyApathetic on
    Nod. Get treat. PSN: Quippish
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    So It GoesSo It Goes We keep moving...Registered User regular
    The big red sign here is one saying "GIVE US A CASE AND WE'LL SHUT THIS SHIT DOWN"

    That's kind of the important take away here, even though the case itself is more narrow

This discussion has been closed.