The enactment of civil asset forfeiture legislation by Alberta and Ontario in the fall of 2001, followed by the passage of similar legislation in five other provinces, has signalled a dramatic change in the way Canadian constitutional law ought to be understood. This thesis builds on American ...
These massive numbers indicate more than loss of property or assets. It also indicates a decrease in protected constitutional rights. The Fifth Amendment of the Constitution, as well as most state constitutions, protects property interests and due process. The practice of civil asset forfeiture weaken...
The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the US Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom ...
Civil asset forfeiture is a remedial statutory device designed to recover the proceeds of unlawful activity, as well as property used to facilitate unlawfu... J Simser 被引量: 8发表: 2009年 Civil Forfeiture and the Constitution Many state and federal statutes provide that when property is used...
the context of the Excessive Fines Clause. On the other hand, fines and forfeitures are unlike other forms of punishment—such as prison—because they are often used as a revenue source for state and local governments, creating a conflict of interest for state and local decision-making bodies...
Civil and Public Service Union Civil and Public Services Association Civil and Resource Engineering Civil and Social Justice Survey Civil Applications Committee Civil architecture Civil Asset Forfeiture Civil Asset Forfeiture Reform Act of 2000 Civil Assistance Plan ...
Currently, civil asset forfeiture practices are a gross violation of long-prized, zealously guarded civil rights, including the presumption of innocence and due process.
Heck, just look at how asset-forfeiture laws and money-laundering laws have turned into revenue scams for Leviathan. P.S. Since today’s post ended with a depressing conclusion, let’s share some a bit of offsetting good news. As reported by The Hill, the spirit of civil disobedience live...
No criminal convictions should be necessary for asset forfeiture. Furthermore, with reference to the Vienna Convention (1988), the Terrorist Financing Convention (1999), and the Palermo Convention (transnational organized crime, 2000), the burden of proof on confiscated goods should be reversed (...
The fugitive Malaysian financier, according to a cache of emails reviewed byWSJ, was prepared to award Rosenzweig’s California-based law firm a US$75 million fee if it could persuade the DoJ to drop its civil asset forfeiture lawsuits within 180 days. It is not clear whether the agreement ...