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fordmexico

Jul 8, 2011, 12:01 PM

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Re: [robt65] Having Thought of This Possibilty

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Burden of proof in a criminal case in the USA is "Beyond a Reasonable Doubt".

Legal systems in Mexico have a very different basis from the USA which receives its basis from English common law. Mexico's basis is a civil law system (code) which dates back to Spanish civil law.

What one would need to worry in regards to the original postis civil asset forfeiture. With forfeiture, your vehicle and its contents could be seized either at the border or within a state after you cross. In effect, your property would be considered guilty until YOU could prove it was innocent.

From Wikipedia, http://en.wikipedia.org/wiki/Asset_forfeiture

There are two types of forfeiture cases, criminal and civil. Almost all forfeiture cases practiced today are civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty of any crime. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. Since the government can choose the type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years. '


(This post was edited by fordmexico on Jul 8, 2011, 12:09 PM)


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Post edited by fordmexico (User) on Jul 8, 2011, 12:09 PM


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