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by nrinaudo
5126 days ago
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The first issue I have with your example is that, according to you, "guilty until proven innocent" is acceptable at least in some circumstances - say, when you're really really sure he's done it, you just can't prove it yet. The second issue is that your example has absolutely nothing to do with the MegaUpload case. If you want to live in a country where the government has the right to seize all your assets and destroy your business without having to justify itself, I won't pretend to understand you, but I'll accept that it's your right. But I refuse to live in a world where that same government has the right to do so to everyone, including people it doesn't actually govern in countries where its laws do not apply. |
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Additionally, I never argued that the government has the right to seize all assets without justification. First, the government should only have the ability to freeze assets related to the case at hand. I should only lose access to the $400 million in question, not any of my other property. That $400 million should be kept safe, so that it may be returned to me at the end of the trial if I'm found not guilty (another place where the government is failing).
Additionally, I don't believe that the government should be able to do this without needing to explain itself. This should only occur if the government has been able to justify before a grand jury that there is reason to believe that I have committed a crime and that the loss of this money would aggravate the nature of the crime. For instance, in my check fraud hypothetical, the $400 million should be frozen, since my spending it would aggravate the crime. On the other hand, there's no reason for me to be held in prison, since the act is completed. Now, if I'm accused of attempted murder, it is logical that I should be prevented from going near the person I'm accused of trying to kill.
You'll argue that the grand juries are a joke and I'd say that you're right. They are broken and need to be fixed. However, once they are fixed, they should serve as a temporary, provisional guilty in the concept of "innocent until proven guilty".