TriggerFinger


An end to forfeiture abuse?


Pawpaw's HouseIt seems that there is a case pending in the Supreme Court that may spell and end to civil forfeiture under the 8th Amendment. According to Hit Air and other sources, the Solicitor General of Indiana took a rhetorical beating yesterday over the practice.

I've often wondered about "civil" forfeiture, because they always seem to be the result of a criminal action. And, it seems that the 8th Amendment prohibits excessive fines. I admit that I have never been cognizant of the 8th Amendment, but it seems that it is going to play a big part in the arguments.

This is liable to be interesting.

I doubt this will spell the end of civil forfeiture as such, but it may block seizures of cars and houses for relatively minor offenses. Hopefully it will also block seizures of cash for "Oh, you didn't know carrying cash was suspicious? Well, forfeit the cash and we won't charge you with laundering drug money..". If the Supreme Court can put a stop to this, I'll be very happy.

On a meta level... I'm very unhappy that putting a stop to this practice requireds a trip to the Supreme Court and invoking the 8th Amendment. There's been a lot of opposition to these seizures for decades. That the political system wouldn't act to stop them indicates the political system isn't functioning to address the concerns of the people.

This entry was published Sun Dec 02 08:47:19 CST 2018 by TriggerFinger and last updated 2018-12-02 08:47:19.0. [Tweet]

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