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Simple English definitions for legal terms

civil forfeiture

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A quick definition of civil forfeiture:

Civil forfeiture is when the government takes away someone's property if they believe it was involved in a crime or illegal activity, even if the owner was not arrested or convicted of a crime. The government does not have to prove that the owner did anything wrong, but the owner has to prove that their property was not involved in any illegal activity. This process is done against the property itself, not the owner. Some people think it's a good way to stop criminals, but others think it's unfair and can lead to abuse of power by the government.

A more thorough explanation:

Civil forfeiture is a legal process that allows the government, usually the police, to take and keep or sell any property that is believed to be involved in a crime or illegal activity. The owner of the property does not need to be arrested or convicted of a crime for their property to be taken away permanently by the government.

For example, if the police suspect that a car was used to transport drugs, they can seize the car even if the owner was not arrested or convicted of a crime. The burden of proof then shifts to the owner, who must prove that the car was not involved in any illegal activity.

Civil forfeiture is controversial because it is seen as an unconstitutional exercise of government power. Critics argue that innocent owners can become entangled in the process and are presumed guilty instead of being presumed innocent. Critics also argue that the incentives lead to corruption and law enforcement misbehavior and abuse.

The Supreme Court has addressed the constitutional implications of civil forfeiture in several cases. In 1993, the U.S. Supreme Court ruled in Austin v. United States that a forfeiture could be considered an excessive fine in violation of the Eighth Amendment but declined to establish a multi-factor test to determine whether a forfeiture is constitutionally excessive. Otherwise, the ruling upheld civil forfeiture as a practice, within undefined limits.

Civil forfeiture is codified in 18 U.S.C. §§ 981, 983, 984, and 985, as well as in 21 U.S.C. § 881.

Overall, civil forfeiture is a legal process that allows the government to seize property that is believed to be involved in a crime or illegal activity. While it is seen as an effective tool against criminal organizations, it is also controversial and has been criticized as an unconstitutional exercise of government power.

civil code | civil law

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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