The United States Supreme Court is deciding whether to hear a case where the prosecution is arguing – Brady evidence is not required to be disclosed before a preliminary hearing. The cases is: California v. Gutierrez ISSUES PRESENTED Does the due process obligation, outlined in Brady v. Maryland, require prosecutors to provide exculpatory evidence to a defendant before a preliminary hearing at which a magistrate determines whether sufficient cause exists to require the defendant to stand trial? May a state
Asset forfeiture occurs when the government claims someone has profited from criminal activity. The government will then attempt to seize the proceeds of that criminal conduct. However, law enforcement often seizes money and property well beyond what the law allows. Common scenarios include a person who was not involved in a crime yet has their property taken; or when there has been a minor crime, but there is substantial overreaching by the government in what they take from the person.
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