Supreme Snort: Punishement first, trial second --- Alice in Wonderland

[The2ndAmendment]

Both Democrats and Libertarians are firmly against this decision. Where do Republicans stand?


Kaley v. United States: Terrible Supreme Court decision lets the government take your assets before trial.

It's Time For The Supreme Court To Pull Us Back Into Reality - Forbes

"Like most small business owners who regularly handle cash transactions, the Dehkos routinely deposit less than $10,000 at a time. Not only is it a bad idea to let too much money accumulate onsite, the Dehkos’ insurance policy only covers cash losses up to $10,000.

Making deposits of less than $10,000 is perfectly legal and the Dekhos had a good business reason for doing so. Nevertheless, without any evidence that the money was obtained unlawfully or used for nefarious purposes, federal authorities seized the Dekhos’ money on the grounds that they were illegally “structuring” their deposits to avoid reporting requirements that would kick in if they deposited more than $10,000 at a time.

To this day, the Dehkos have never been charged with any crime, and they are not guilty of any crime. Yet, ten months later, the Dehkos are still waiting for a hearing before a judge to contest the seizure.

Why is the government so adamant about holding on to the Dehkos’ money? For its part, the government argues, as it does in Kaley, that its seize-first-ask-questions-later policy ensures that the assets are preserved for forfeiture. What the government glosses over is its direct financial stake in the forfeited assets. Under federal law, the Justice Department keeps proceeds of forfeited property to pad its budget. That financial incentive has led to an explosion in the amount of property seized by federal law enforcement. Today, the Justice Department’s Assets Forfeiture Fund exceeds $4 billion.

But there is an even more fundamental reason why the government is holding on to the Dehkos’ money: It can. In another twist worthy of Lewis Carroll, under civil forfeiture laws, the Dehkos are considered guilty until they prove themselves innocent."

Justice for Kerri and Brian Kaley, the Supreme Court held Tuesday, is of the Alice in Wonderland variety: First comes the punishment—the seizure of all their assets—then the trial, and the crime last of all.* “But suppose they never committed the crime?” Alice asks. “It doesn’t matter,” comes the court’s answer, “because a grand jury said so.”

Writing for a six-justice majority in Kaley v. United States, thus concluded Justice Elena Kagan that a criminal defendant indicted by a grand jury has essentially no right to challenge the forfeiture of her assets, even if the defendant needs those very assets to pay lawyers to defend her at trial. In an odd ideological lineup, the dissenters were Chief Justice John Roberts and the more liberal Justices Stephen Breyer and Sonia Sotomayor.

Getting closer to revolution every day. A clear way to destroy a man without the approval of his Peers (more circumvention of Trial by Jury).

 

[OriginalShroom]

I have always been against the forfeiture laws.

Some cities and States have been known to stop cars with out of State Plates and especially Indian (India Indians, not NAs) drivers. They typically do strictly cash transactions when possible with other Indian business owners. It is not unusual for one to pay Thirty or Forty Thousand in cash when buying from another Indian. The police will confiscate the money as being drug money and it can take years to go through the courts to get it back, and then they will only get back up to 75% of it.

 

[The2ndAmendment]

Talking about Destroying the Jury System, I turned on MSLSD for 10 seconds and the first story they had was about Trayvon Martin.

 

[bendog]

An unintended gift from the war on drugs. the OP has a very nice like to the scotus blog.

 

[Mr. H.]

Maybe it's considered evidence.

 

[The2ndAmendment]

An unintended gift from the war on drugs. the OP has a very nice like to the scotus blog.

The War on Drugs?

Do you mean the Private Prison Industry that incarcerates 1 in 97 Americans (more than Red China)?

 

[bucs90]

Yep. This is way wrong.

Hey, wonder why the Feds have never seized all the "over 10K" earnings deposited daily by Wall Street scum?

 

[The2ndAmendment]

Yep. This is way wrong.

Hey, wonder why the Feds have never seized all the "over 10K" earnings deposited daily by Wall Street scum?

Well, just like the French Aristocracy, they are Too Big to Fail.

 

[Edgetho]

Anybody shocked by this revelation?

If you are, you seriously need to wake up.

dimocraps want more and more government every day and then are astonished when shit like this happens

Go figure

 

[Katzndogz]

Yep. This is way wrong.

Hey, wonder why the Feds have never seized all the "over 10K" earnings deposited daily by Wall Street scum?

Ummmm.

Because it's not in cash. Be careful of cash transactions. They will get you every time.