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mp246 t1_j7qfday wrote

Reply to comment by Ialnyien in Exonerees in Mass. state drug lab scandal want their seized property and money back by ak47workaccnt

>Instead they were given a clear second chance with no history.

Just a reminder, the state did that and the blame falls squarely on the state.

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Ialnyien t1_j7qgust wrote

No doubt and I’m thankful for that, my family member turned it around.

However, should they be entitled to keep the gains from their illicit activities?

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mp246 t1_j7qk80w wrote

> should they be entitled to keep the gains from their illicit activities?

Your family member, morally speaking, should get their money back. Asset forfeiture should be illegal.

But those who are convicted of a crime (cough legally cough) should have assets seized.

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Ialnyien t1_j7qvfb0 wrote

We’re going to have to agree to disagree.

I think an argument can be made that it is case specific. In the case of the drug lab issue, I would find it very challenging to return assets to those that are at least 51% likely to have earned it illicitly.

Out of curiosity, do you keep track of where your assets come from? I believe that if these individuals can prove where the assets arrived from, they’d be released if it was legitimately earned.

I’ll withhold my outrage until I see proof that assets have been proven to be earned legitimately and still not returned.

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majoroutage t1_j7rwcck wrote

>Out of curiosity, do you keep track of where your assets come from? I believe that if these individuals can prove where the assets arrived from, they’d be released if it was legitimately earned.

The burden should always be on the state to prove a crime was committed, and that the money were earned through its commission, not the other way around. You know, like, by holding a trial and presenting evidence that proves their guilt of a crime, and that that money is connected to it.

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maralagosinkhole t1_j7uxb8u wrote

Without a criminal or civil conviction they should absolutely be entitled to keep their gains from an allegedly illicit activity

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