martedì 2 febbraio 2010
Unlike civil suits between individuals, the government is immune to counter-suit. The government can use its unlimited resources to repeatedly press a suit in the mere hope of convincing one juror the defendant did not provide a preponderance of evidence marijuana seeds. Forfeitures imposed by the English Crown led our nation's founders to prohibit bills of attainder (forfeiture consequent to conviction) in the first article of the American Constitution. The main body of the Constitution also forbids forfeiture of estate for treason. The first Congress passed the statue, still law today, stating that "No conviction or judgement shall work corruption of blood or any forfeiture of estate." However, early Americans did incorporate in rem (proceeding against a thing) procedures under Admiralty and Maritime law, to seize enemy ships at sea and to enforce payment of customs duties.