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News (Media Awareness Project) - US OR: Editorial: Make Forfeiture Fair
Title:US OR: Editorial: Make Forfeiture Fair
Published On:2000-10-06
Source:Medford Mail Tribune (OR)
Fetched On:2008-09-03 06:14:22
MAKE FORFEITURE FAIR

Measure 3 Would Rightly Force Government To Prove Guilt First

Measure 3 on the Nov. 7 ballot would reinforce something that our
forefathers paid dearly fora free country that gives its citizens the
protection of laws against the powerful, including the government itself.

These tenets, many contained in the Bill of Rights, are reinforced by
Ballot Measure 3, which would do away with the unfairness that has
accompanied the state's "forfeiture law."

This constitutional amendment would modify the law so that it would no
longer allow "asset forfeitures" in criminal cases unless the property
owner had first been convicted of a crime involving the seized property.

This measure seeks to reverse, or at least slow, a worrisome trend in which
some of our basic freedoms are, if not trampled, then at least pushed
aside. Having rightly identified illegal drugs as a threat, the government
then wrongly infringes on constitutional freedoms citizens of this country
have enjoyed for two centuries.

Under current Oregon forfeiture law, there is no requirement that suspects
be convicted, or even arrested, before property allegedly used or obtained
in connection with a crime can be seized by the government.

Property may now be seized by the government if there is simply "probable
cause" that it was connected with a crime. If that probable cause doesn't
prove to be enough to bring charges or a conviction, it's up to the
property owner to prove his innocence and regain possession of his property.

Measure 3 would also put more teeth into the requirement that government
agencies report all forfeitures, something that is now largely ignored.

Measure 3 rights a wrong done in the name of crime fighting. It returns a
common-sense rule to the issueinnocent until proven guilty. We recommend a
yes vote on Measure 3.
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