View Single Post
Old 20th Feb 2019, 21:38
  #1 (permalink)  
ChrisVJ
 
Join Date: Jan 2003
Location: BC Canada
Posts: 417
US Supreme Court Ruling.

Passing with only a small mention in the papers, the US Supreme Court has ruled that states may not impose "unreasonably" large fines. The actual case was a man who had his $40k car seized after selling $4,000 worth of drugs.

For a long time it has been the custom for states to seize possessions "used in the course of crime" yachts, airplanes, houses. Firstly I wonder if they can now be sued for the return of those items. That will be a mess and a half. Second, while I have not read the ruling I wonder if it applies to "proceeds of crime."

While this does not set a precedent for where I live (Canada) I hope the Canadian government and justice system take note as our provincial government has been hugely over zealous in grabbing assets of people not even convicted of crime. Some time ago they seized the house of a woman who brought a maid from a foreign country, charging her with trafficking (not, of course what the statute was intended for,) before she was convicted. She was acquitted and it was not reported whether or not the province returned her property but even if she did get it back the disruption, especially during the court case, must have been terrible.

I know Magna Carta is not all that most people believe but one of its most significant items was "There shall be no bills of attainder." Seems our provincial government forgot that bit.
ChrisVJ is offline