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 Post subject: Civil Asset Forfeiture
PostPosted: September 28th, 2012, 7:58 pm 
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Almost an Islander
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Joined: February 5th, 2009, 12:38 pm
Posts: 295
Location: Charlottetown
Civil Asset Forfeiture is a legal doctrine that the state may take your property if they can demonstrate that it is an instrument of crime or the proceeds of crime in civil court. In civil court the state is not held to the standard of 'beyond a reasonable doubt', but rather a preponderance, or equal balance of evidence. In civil court people also do not have certain protections that exist in criminal court like a right to remain silent and protection from double jeopardy.

This doctrine is currently in effect in 8 of 10 canadian provinces. It will very likely find its way to PEI.

Read more at: Civil Forfeiture.ca
Listen to episode 6 of Subsidiarity Podcast
or Watch Policing for Profit - The Abuse of Civil Asset Forfeiture

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 Post subject: Re: Civil Asset Forfeiture
PostPosted: September 28th, 2012, 9:22 pm 
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True Islander

Joined: September 20th, 2011, 8:18 pm
Posts: 3433
And?
Do you have some evidence that anyone has had their property seized unjustly?


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 Post subject: Re: Civil Asset Forfeiture
PostPosted: September 29th, 2012, 2:54 pm 
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Almost an Islander
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Raiders wrote:
And?
Do you have some evidence that anyone has had their property seized unjustly?

Only to the extent that the law can be unjust.

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 Post subject: Re: Civil Asset Forfeiture
PostPosted: September 29th, 2012, 2:56 pm 
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There are those who consider all laws unjust.


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 Post subject: Re: Civil Asset Forfeiture
PostPosted: October 1st, 2012, 7:09 am 
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This is perfectly fine. Besides anyone who is wrongly convicted of a crime usually comes home with a big payout anyways which would more than cover their assests that were taken.


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 Post subject: Re: Civil Asset Forfeiture
PostPosted: October 1st, 2012, 7:22 am 
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Joined: August 23rd, 2005, 11:52 am
Posts: 11426
Location: Summerside
Nomie wrote:
This is perfectly fine. Besides anyone who is wrongly convicted of a crime usually comes home with a big payout anyways which would more than cover their assests that were taken.

I'm pretty sure people who are found guilty and then win their appeal aren't compensated. I suspect the only people who are compensated are those who spent a considerable number of years behind bars.


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 Post subject: Re: Civil Asset Forfeiture
PostPosted: October 1st, 2012, 7:45 am 
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Joined: October 20th, 2011, 12:15 pm
Posts: 862
craiger wrote:
Nomie wrote:
This is perfectly fine. Besides anyone who is wrongly convicted of a crime usually comes home with a big payout anyways which would more than cover their assests that were taken.

I'm pretty sure people who are found guilty and then win their appeal aren't compensated. I suspect the only people who are compensated are those who spent a considerable number of years behind bars.


Yes

I believe assets are seized/frozen until all appeals are complete.


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