Re:Police use new device to seize money in bank accounts or ...
by harryh on Thursday June 09, 2016 @07:47AM
(#11868742)
You realize you can be arrested and held in jail before a trial right? That's exactly same thing as confiscating assets pending a trial.
[ Parent
| on HN ]
Re:Police use new device to seize money in bank accounts or ...
by facetube on Thursday June 09, 2016 @02:56PM
(#11871504)
You didn't mention a trial in your previous post, but rather a low standard of evidence to "make a claim". In that scenario, the burden of proof is on the victim of the property seizure rather than the accuser, which makes it different IMO.
Re:Police use new device to seize money in bank accounts or ...
by harryh on Thursday June 09, 2016 @04:00PM
(#11871910)
The burden of proof in civil asset forfeiture trials (and there is a trial) is still on the plaintiff. It is not on the victim.
Re:Police use new device to seize money in bank accounts or ...
by facetube on Thursday June 09, 2016 @08:12PM
(#11873354)
False, at least in the US. The government's case is considered to be against the property, not against you. The standard of legal proof is a preponderance of evidence, not beyond a reasonable doubt. "Assets [are only] returned if [the] owner proves [his/her] innocence". See https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United... for details.
Re:Police use new device to seize money in bank accounts or ...
by harryh on Friday June 10, 2016 @01:35AM
(#11874498)
"preponderance of evidence" is still a burden on the plaintiff. It's just a lower standard than "beyond a reasonable doubt".
Re:Police use new device to seize money in bank accounts or ...
by facetube on Friday June 10, 2016 @02:35PM
(#11878769)
In practice in the United States it's been shown to present little to no burden. These cases have been widely covered in the press. Again, see the link.
Re:Police use new device to seize money in bank accounts or ...
by geggam on Thursday June 09, 2016 @12:25PM
(#11870406)
only for a short period of time before getting to address a judge
Re:Police use new device to seize money in bank accounts or ...
by harryh on Thursday June 09, 2016 @01:27PM
(#11870856)
That's actually not true at all. You can be held in jail for months pending completion of a trial depending on your ability to make bail and the seriousness of the crime in question.