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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: Turboe who wrote (513)	7/16/1998 9:00:00 AM
From: Turboe	Respond to of 13060

TRENTON - the New Jersey Supreme Court held today that property owners are entitled to jury trial when the state seeks to confiscate their property under the state's asset forfeiture law. This is a big boost for forfeiture victims in New Jersey. The unanimous decision, written by Justice Stewart G. Pollock, traced the history of forfeiture in New Jersey back to colonial times and found that juries were required in forfeiture actions prior to the revolution. Pollock wrote, "New Jersey colonists insisted on jury trials for the forfeitures of ships and their contents. Automobile owners are entitled to the same protection today. The forfeiture of automobiles today, like that of sailing ships in earlier times, should be subject to the general rule requiring trial by jury." The state's attorney general office vigorously fought this case, insisting that requiring jury trials would be too costly and time consuming for the prosecution. The court dismissed that argument, holding that "doubtless, the right to trial by jury will be an inconvenience to the State when it seeks to forfeit innocent property. Mere inconvenience, however, can not justify the denial of a constitutional right." Finally, the court reaffirmed the importance of the right to a trial by jury by stating, "Today, as in the past, the jury often stands as a shield between the individual and the State." The prevailing attorney is Elizabeth Macron who works with the Law offices of Terence King in Lavellette, New Jersey. The full text of the case can be found at www-camlaw.rutgers.edu

To: Turboe who wrote (513)	7/16/1998 12:21:00 PM
From: Liatris Spicata	Read Replies (1) \| Respond to of 13060

Turboe- Dynamite stuff! It is a vivid illustration of stupidity, arrogance, and intellectual dishonesty of those valiant public servants leading the Insane War on Drugs! In a parliamentary system, Gen. McCaffery would probably be cashiered, but in Sleazebag Bill's government it is strictly "bush-league". Thanks for posting. Larry P.S. To those alarmed by the libertarian stand on drugs, I'd like to point out that in a libertarian society drugs might be legal for adults only, but could remain off-limits to children. IMO that could be an argument for raising the age of majority to 21.