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Originally Posted by The_Jazz
....And judges are ACTUALLY PAID TO DECIDE WHO IS LIEING AND WHO ISN'T....
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It is my understanding that this appeals panel decided that, a trial court, which had witnesses actually present, under oath, and cross-examined, and decided that their testimony to the validity of this completely innocent man's monetary gains were in fact legitimate, was not in fact valid, based exclusively on the transcript of this trial courts proceeding.
In other words they sided with law enforcement keeping the money they stole from this man based purely on hearsay....
Regardless of how this portion of the debate plays out....why in the world should this completely innocent man have to prove a thing to anyone. It is my understanding, and a bedrock of our entire system of jurisprudence, that any burden of proof rests with the government, not the accused....
It seems instead that since a decent sum of money is at stake for the government to take from a completely innocent man, that these principles are without merit.
DK, I suspect I am familiar with your source for this issue, and agree both whole heartedly with you and with my favorite agitator. In essence, we all, at probably every waking moment of our lives are guilty, or in the commision of, or conspiring to committ, some offense, and subject to the will of the government, for sanctions, forfietures, siezures, home invasions, executions, suspensions of constitutionally gauranteed rights, and even though the notion of MY government granting ME ~privledges~ of any sort is beyond my comprehension, the curtailing of said privledges.
~shuddering,~
-bear