Stop-And-Seize Turns Police into Self-Funding Gangs

Re:Stop-And-Seize Turns Police into Self-Funding Gangs by dragonwriter on Friday November 13, 2015 @02:12PM (#10561789)

> That's a low standard for the government to meet. "Preponderance of the evidence" means that the government doesn't need to prove the property is subject to forfeiture, just show that 50% of the evidence indicates that it could be.

Preponderance of the evidence is the standard burden of proof for civil cases, whatever actors are involved -- the side the wins is the side that proves that its position is most likely to be correct.

The higher (beyond a reasonable doubt) burden of proof in criminal cases exists as a safeguard because of the greater consequences to liberty of a criminal conviction.

Its the same standard used when pretty much anyone wants to use the legal system to take your money or other property via a lawsuit, so I don't think its that outrageous that it is used for civil forfeiture cases.

[ Parent | on HN ]

Re:Stop-And-Seize Turns Police into Self-Funding Gangs by jbooth on Friday November 13, 2015 @02:20PM (#10561834)

If we were talking about a contract dispute where one of the parties is a city, state or the federal government, you're totally right.

If we're talking about the police alleging that you have money because of criminal acts, we should switch to the criminal standard.

[ Parent | on HN ]