Ironically, when referring to the 5th Amendment to the US Constitution, most people recall the prohibition against self- incrimination and double jeopardy. Little thought is given to other important protections provided by this amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury . . . nor be deprived of life, liberty or property, without due process of law . . ."
The proposed legislation (AB 443) advanced by Assemblyman Luis Alejo (Democrat from Watsonville) in conjuction with State's Attorney General Kamala Harris would provide prosecutors with unprecedented power to freeze assets - $10,000 or more - prior to securing an indictment against designated crimes which includes nearly every criminal activity known to man. Specific language of this bill allows the court to grant this action provided: "(B) There is substantial probability that the prosecuting agency will file a criminal complaint or seek a grand jury indictment against the defendant."
The "due process of law" clause of the 5th Amendment would seem to require the accused to be indicted, tried and convicted prior to being deprived of life, liberty or property.
There is little doubt every victim of crime desires those responsible for criminal profiteering to be held accountable, but must we give up our 5th Amendment rights in order to get the job done? And if we give in to this invasion of the 5th Amendment, what's next?