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Re: U.S. Congress favors confiscation

Posted by Joey Bishop on Monday, July 28 2014 at 5:54:49PM
In reply to Re: U.S. Congress favors confiscation posted by Dante on Monday, July 28 2014 at 09:33:38AM

It seems to me that the whole shebang may unravel again as the SCOTUS decision hinged on the injustice of making one liable for the actions of all. And this tells them that they may redistribute costs among themselves, but it doesn't say just how strangers can evaluate the proportional responsibility of other strangers; let alone how they can include the presently undetected parties who were "distributing" at the same time.

Good point, although I do believe that they attempted to address this (albeit haphazardly):

If a victim was harmed by a single defendant, that defendant must pay full restitution for the victim's losses.
If a victim was harmed by multiple individuals, including those not yet identified, a judge can impose restitution on an individual defendant in two ways depending on the circumstances of the case:

the defendant must pay "the full amount of the victim's losses" OR
at least $250,000 for production, $150,000 for distribution, or $25,000 for possession.


So basically the average possessor of the material would be liable for $25k in damages (I'm not entirely sure what the criteria would be to be considered a "distributor" in this instance). Since the total damages are usually around $2M or so, it seems like there would be less people paying restitution. Maybe they'd exclusively select high net worth offenders to pay restitution? I agree that this sounds like another cluster fuck. So rather this just gets shut down before it even starts than to have a nightmare scenario of judges and lawyers trying to implement and enforce this nonsense.






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