> They're for things where they generally could never hope to convince a jury the fines are reasonable for
Juries don't determine sentencing, either. The Seventh Amendment has broadly been interpreted to preserve jury trials for most civil liability, including from the federal government.
> Municipalities...
Not federal!
> All of this civil enforcement stuff is basically BS end runs around the rights that people (even legal fictions of people) are supposed to have
Not a federal issue!
...do you know the difference between a civil and a criminal case?
> doesn't change the fact pattern of serious fines being issued
> without the accused party having any real rights of due process beyond hiring someone who knows their shit
...how do you think criminal proceedings work?
This is a wild conversation. I've gone from being somewhat sympathetic to your argument to now wondering if that entire platform is baseless. (I'm increasingly convinced we need a principles of law course mandated in high school. It doesn't even need to be a full year. But our republic suffers when folks don't understand the basics.)
They do in some states but that's beside the point. Juries are people from outside the legal system who will balk if things get too unreasonable. That is one of their primary value adds to the system.
>...do you know the difference between a civil and a criminal case?
That's entirely my point, the government is imposing the same penalties (fines) on people they do for criminal matters but without any of the protections. You can drive drunk, get caught and be out substantially less money (and enjoy your rights along the way) than if you sink sonotubes for a shed too close to a stream and get caught. Heck, there's not even a statute of limitations for many civil enforcement things.
Just because government and those like you who simp for it wave around the word "civil" (or it's relative "administrative") like a magic want doesn't actually change the fact that people are being punished in the same manner they would in criminal law situations but without any of the protections.
I'm not arguing that the laws and jurisprudence haven't been twisted to enable this. I'm arguing that it's no less of an affront to everyone's rights than the civil asset forfeiture people do when they take stuff and then say "well we're actually charging the money and therefore..."
>Not federal!
The municipalities states and feds behave the exact same way and leverage most of the same legal precedents. The feds also deputize states who deputize municipalities to do their enforcing for them in many cases. Like the EPA isn't gonna shoot you're dog or whatever. Your local DEP or whatever will shoot your dog or whatever on their behalf.
I meant serious as compared to something "unserious" like a $20 parking ticket.
>...how do you think criminal proceedings work?
Do you? You can tell the police to fuck off and come back with a warrant. You can not talk to them and the burden of proof is on them. Try that with the SEC or the EPA or the FCC and see where it gets you.
Once you get into an actual court things are much, much more comparable. But criminal matters more or less go straight to court. Administrative matters you're usually forced to go rounds (and your lawyer is billing you the whole time) with some internal kangaroo pretend oversight system (much has been written about ICE's for example) before you get to say a word in front of a real judge who doesn't get his pay stub on their letterhead.
Juries don't determine sentencing, either. The Seventh Amendment has broadly been interpreted to preserve jury trials for most civil liability, including from the federal government.
> Municipalities...
Not federal!
> All of this civil enforcement stuff is basically BS end runs around the rights that people (even legal fictions of people) are supposed to have Not a federal issue!
...do you know the difference between a civil and a criminal case?
> doesn't change the fact pattern of serious fines being issued
Straw man. Nobody argued civil penalties aren't serious.
> without the accused party having any real rights of due process beyond hiring someone who knows their shit
...how do you think criminal proceedings work?
This is a wild conversation. I've gone from being somewhat sympathetic to your argument to now wondering if that entire platform is baseless. (I'm increasingly convinced we need a principles of law course mandated in high school. It doesn't even need to be a full year. But our republic suffers when folks don't understand the basics.)