Results 1 to 3 of 3

Thread: Creative Asset Forfeiture (forfeiture is not money, but freedom)

  1. #1
    Guru

    Join Date
    Feb 2014
    Last Seen
    Yesterday @ 06:27 PM
    Gender
    Lean
    Conservative
    Posts
    3,899

    Creative Asset Forfeiture (forfeiture is not money, but freedom)

    This is weird:

    A rapper / street gang member makes general raps that not only sell records (amount of sales not specified) but benefits socially (increased street "Creds") by rapping about murders and gangstering. Rapper Tiny Doo facing long prison sentence over lyrics - CNN.com
    Though he personally has not been charged in a crime, his indirect rapping about the crimes of his gang cause him to run afoul of this California law and he is facing 25 years in prison:

    "The statute in question is California Penal Code 182.5. The code makes it a felony for anyone to participate in a criminal street gang, have knowledge that a street gang has engaged in criminal activity, or benefit from that activity."

    There is no evidence that the rapper in question personally killed anybody. Rather, the State contends that he is a member of the gang and has benefited from their crimes. Needless to say, WTF? Not only are there first amendment issues, but our judicial thinking does not really support "guilty by assosciation" type applications very well as RICO was never judicially very popular. In addition there seems to be the danger of the State:

    - Observing that some members of a group have committed criminal acts (Pro lifers, tree huggers, militia types, pretty much anybody)
    - As such the group in question is now a criminal orgainization / gang

    Now....

    - Other members of the group can be imprisoned if they are deemed to have benefited in anyway from the criminal activity (apparently even earning "prestige points" counts as a benefit). Likewise, the benefits can be nebulously linked to the criminal activity (Rapper's lyrics dont specify particular crimes)

    Seems like a slippery slope.... .
    Last edited by Cryptic; 01-23-15 at 04:36 PM.

  2. #2
    Pontificator
    iliveonramen's Avatar
    Join Date
    Sep 2011
    Location
    On a Gravy Train with Biscuit Wheels
    Last Seen
    Yesterday @ 10:35 AM
    Gender
    Lean
    Very Liberal
    Posts
    9,158

    Re: Creative Asset Forfeiture (forfeiture is not money, but freedom)

    Quote Originally Posted by Cryptic View Post
    This is weird:

    California is

    Rapper Tiny Doo facing long prison sentence over lyrics - CNN.com

    A rapper / street gang member makes general raps that not only sell records (amount of sales not specified) but benefits socially (increased street "Creds") by rapping about murders and gangstering. He then runs afoul of this California law and is facing 25 years in prison:

    "The statute in question is California Penal Code 182.5. The code makes it a felony for anyone to participate in a criminal street gang, have knowledge that a street gang has engaged in criminal activity, or benefit from that activity."


    There is no evidence that the rapper in question personally killed anybody. Rather, the State contends that he is a member of the gang. Needless to say, WTF? Not only are there first amendment issues, but out judicial thinking does not really support "guilty by assosciation" type applications very well as RICO was never judicially very popular. In addition there seems to be the danger of the State:

    - Observing that some members of a group have committed criminal acts (Pro lifers, tree huggers, militia types, pretty much anybody)
    - As such the group in question is now a criminal orgainization / gang

    Now....

    - Other members of the group can be imprisoned if they are deemed to have benefited in anyway from the criminal activity (apparently even earning "prestige points" counts as a benefit).

    Seems like a slippery slope.... .
    yeah...I'm not sure how they expect that to hold up in court.
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

  3. #3
    Guru
    Declan's Avatar
    Join Date
    Nov 2014
    Last Seen
    03-03-17 @ 04:36 PM
    Gender
    Lean
    Progressive
    Posts
    4,670

    Re: Creative Asset Forfeiture (forfeiture is not money, but freedom)

    They would probably have better luck actually using the civil forfeiture laws to seize all the property because then he might have to testify in a civil proceeding trying to get it back, which could then bolster their crime case. It will be interesting to see how this plays out. If he pretends this is not true, then he loses his street cred and rap gig, but if it is true, then he could lose his freedom


    BTW, what a stupid law. You don't see them going after Caddy dealers for all the Escalades that end up in folks' hands which is benefiting from the activity.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •