[99] in libertarians
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daemon@ATHENA.MIT.EDU (vimrich@flying-cloud.mit.edu)
Mon Jul 25 10:56:38 1994
Date: Sun, 24 Jul 94 16:42:44 EDT
From: vimrich@flying-cloud.mit.edu
Apparently-To: <libertarians@mit.edu>
ate: Sun, 24 Jul 94 16:35:37 -0400
From: vimrich@flying-cloud.mit.edu (Vernon Imrich)
Message-Id: <9407242035.AA20367@flying-cloud.mit.edu>
To: libernet@dartmouth.edu
Subject: Want to get Angry?
Cc: libertarians@mit.edu
Was persuing the Web and came across this gem from a US Government document
detailing the benefits of civil asset forfeiture:
(URL is gopher://wiretap.spies.com/00/Gov/Forfeit/forfeit.1a )
Although tracing is a complex process, prospects for successful
forfeiture are eased considerably by the procedural benefits of civil
process. The most obvious feature is the lower burden of proof
confronting enforcement officials: proof by a preponderance of the
evidence rather than beyond a reasonable doubt.(8) Furthermore, under
federal law and some state legislation, the burden of proof is placed on
the claimant rather than the government.(9) Thus, enforcement officials
need not achieve certainty in their tracing efforts. They need only
satisfy a relaxed standard of proof This is an advantage of enormous
consequence, as many cases turn on the burden of proof. Moreover, even
if criminal prosecution was precluded by operation of the exclusionary
rule, civil forfeiture may still be possible. Although the exclusionary
rule applies to forfeiture proceedings, tainted evidence may still be
sufficient to meet the lower burden of proof.(10) Indeed, civil
forfeiture may be a viable option despite an acquittal on criminal
charges.(11)
So in essence, we won't have to bother with all those nasty things like
due process and civil liberties. WE know if they're REALLY guilty or
not. Now we can get them even when they "get off."
What a world! What a world! Ahhhhhh.....
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| Vernon Imrich |"Government is not reason; it is not eloquence; |
| MIT OE | IT IS FORCE. Like FIRE, |
| Rm 5-329B | it is a dangerous servant and a fearful master." |
| 617-253-3910 | - George Washington |
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