ROSSMAN, Presiding Judge.
The issue in this case is whether a "civil penalty" proceeding, brought under Oregon's drug paraphernalia law, is more properly characterized as a "criminal" prosecution in which the government is required to prove its case beyond a reasonable doubt. We hold that it is not, and that the applicable burden in such a proceeding is proof by a preponderance of the evidence. Accordingly, we affirm.
For more than ten years, defendant has...
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