Supreme Court Rejects Guilty Until Proven Innocent, Says States Cannot Keep Money From The Innocent
With so many constitutional rights under siege, it’s welcome news when one of them is defended. Reaffirming the presumption of innocence, the U.S. Supreme Court struck down a Colorado law last month that forced criminal defendants to prove their innocence when the defendants’ convictions were already overturned. As the court explained, “Absent those convictions, Colorado would have no legal right to exact and retain petitioners’ funds.” Not only is this decision a win for due process, the court’s ruling in Nelson v. Colorado could have major ramifications for government shakedown schemes nationwide.
The case arose after two defendants, Shannon Nelson and Louis Madden, were convicted for sexual offenses and ordered to pay thousands of dollars in court costs, fees and restitution. Between her conviction and later acquittal, the state withheld $702 from Nelson’s inmate account, while Madden paid Colorado $1,977 after his conviction. When their convictions were overturned, Nelson and Madden demanded their money back.
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Armed with this ruling, the Nelson decision may set an important precedent to rein in another abusive civil proceeding: civil forfeiture. The parallels are striking. Through civil forfeiture, law enforcement can confiscate and keep cash, cars and real estate without securing a criminal conviction or filing charges against the owner. Perversely, under civil forfeiture, even those found not guilty in criminal court can still forfeit their property in civil court, since the latter has a lower standard of proof.
With so many constitutional rights under siege, it’s welcome news when one of them is defended. Reaffirming the presumption of innocence, the U.S. Supreme Court struck down a Colorado law last month that forced criminal defendants to prove their innocence when the defendants’ convictions were already overturned. As the court explained, “Absent those convictions, Colorado would have no legal right to exact and retain petitioners’ funds.” Not only is this decision a win for due process, the court’s ruling in Nelson v. Colorado could have major ramifications for government shakedown schemes nationwide.
The case arose after two defendants, Shannon Nelson and Louis Madden, were convicted for sexual offenses and ordered to pay thousands of dollars in court costs, fees and restitution. Between her conviction and later acquittal, the state withheld $702 from Nelson’s inmate account, while Madden paid Colorado $1,977 after his conviction. When their convictions were overturned, Nelson and Madden demanded their money back.
[clip]
Armed with this ruling, the Nelson decision may set an important precedent to rein in another abusive civil proceeding: civil forfeiture. The parallels are striking. Through civil forfeiture, law enforcement can confiscate and keep cash, cars and real estate without securing a criminal conviction or filing charges against the owner. Perversely, under civil forfeiture, even those found not guilty in criminal court can still forfeit their property in civil court, since the latter has a lower standard of proof.
