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That states should have the power of civil forfeiture

4 points
0 points
JackSpratJackSprat (PRO)
A summary of my position, which I shall add to later, and shall use the US as an assumptive jurisdiction.

1.  Civil forfeiture allows a mechanism to keep profits from illegal activity out of circulation
2.  Civil forfeiture is still protected by due process.   To seize property for forfeiture, a warrant is required unless under an exception to the Fourth Amendment.  (plain view or found incidental to a search) in many instances, forfeiture seizures are more limited than their evidentiary counterparts.  18 U.S.C. §981(b)(2) (in money laundering cases, warrantless seizures are authorized during searches incident to arrest, but not in other exigent circumstances).
3.  There are more protections such as iin order to take a house or property, appropriate opportunity and notice must be provided. (United States v. James Daniel Good Property, 114 S. Ct. 492 (1993), The Due Process Clause of the Fifth Amendment requires the government to give property owners more "process" than is due under the Fourth Amendment.
4.  Even if property is seized, there are remedies available in court.

In summary civil forfeiture is an effective mechanism to remove illicit property, for which there are effective due process initiatives to have said property returned if in fact the source or possession was not illegal.

Return To Top | Posted:
2020-04-22 17:13:54
| Speak Round
JackSpratJackSprat (PRO)
As a side note, I  would guess the forfeit rate is > 80% here.  Previous position still stands.
Return To Top | Posted:
2020-04-28 17:34:11
| Speak Round

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Feel free to start a new debate and invite me to it. I will argue the same position
Posted 2020-05-01 08:27:58
Sorry new here but I would take a Con position on this but I do not see a way to get into the discussion. The current implementation of civil forfeiture is unconstitutional and a direct violation of the 4th amendment and the 14th amendment.
Posted 2020-05-01 02:16:24
The judging period on this debate is over

Previous Judgments

2020-05-08 13:16:13
nzlockieJudge: nzlockie    TOP JUDGE
Win awarded to: JackSprat
2020-05-09 03:46:12
Bugsy460Judge: Bugsy460    TOP JUDGE
Win awarded to: JackSprat
2020-05-12 19:06:40
dpowell3543Judge: dpowell3543    TOP JUDGE
Win awarded to: JackSprat
2020-05-20 04:08:40
KushJudge: Kush
Win awarded to: JackSprat
This was clearly a forfeit. But, nevertheless forfeit means that the debater who didn't get tempted win.
0 comments on this judgement

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