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by torstenvl
1507 days ago
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The 5th amendment (or rather the 14th in this case) requires "due process" before taking your life, liberty, or property. As is probably intuitive, the process that is "due" for taking property, which is less than is "due" for taking liberty, which is still somewhat less than is "due" for taking life. (This latter hasn't always been the case, but read Brennan's concurrence in Furman v. Georgia and progeny cases establishing the death-is-different axiom of American criminal jurisprudence.) A property interest that doesn't implicate any liberty interest may be taken with a bare minimum of due process, often just notice and an opportunity to be heard. If a hearing is granted, the standard is a preponderance (not beyond a reasonable doubt). I assume the penalty for your speeding ticket was a fine only, yes? |
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Personally I disagree that property doesn't implicate liberty. I toiled for hours, perhaps days to pay these fines. I was deprived of liberty for however long I was forced to labor to pay the fine. Also it's worth noting the citation itself was filed against me specifically, not my property. This is in contrast to something like 'US vs $500 on a dashboard.'
But yes I do understand the legal system treats these cases distinctly.