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Senate committee: Asset forfeiture too often a 'profit making' venture

In criminal trials the burden of proof falls on the state, which is why Texas prosecutors prefer to get asset forfeiture cases into civil court, where the burden lies with the property owner.However, if the Texas Senate Criminal Justice Committee had its way, says their interim report (large pdf), the state would change the asset forfeiture law so the burden of proof shifts to the government to prove property was tainted by illegality, where currently that burden lies on the property owner. (Interim charge 6, p. 68)Right now, "In civil forfeiture cases, the burden of proof is on the individual to get the property back from the state once the underlying case is dismissed or acquitted." However, "By placing the burden of proof on the property owner, the government has an unfair advantage over property owners in a lawsuit to get their property returned...continue to full post

Full post as published by Grits for Breakfast on January 18, 2009 (boomark / email).