Skip to content
Back to judgment

Citation network

United States Vs. Ward

Cites for this judgment

  • US Supreme Court
  • Jun 27, 1980

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

58 entries 3 linked 55 unlinked
Show
  1. United States Vs. Regan US Supreme Court · Jan 05, 1914
  2. Kennedy Vs. Mendoza-martinez US Supreme Court · Feb 18, 1963
  3. Bell Vs. Wolfish US Supreme Court · May 14, 1979
  4. U.S. 242 (1980) U.S. Supreme Court United States v. Ward
    Search
  5. U.S. 242 (1980) United States v. Ward
    Search
  6. the factor -- the behavior to which the penalty applies is already a crime -- considered, inter alia, in Kennedy v. Mendoza-Martinez
    Search
  7. so as to implicate the Fifth Amendment's protection against self-incrimination. Boyd v. United
    Search
  8. discharge after it had been discovered. The United States Court of Appeals for the Tenth Circuit reversed. Ward v. Coleman
    Search
  9. purpose for the provision, the Court of Appeals tested the statutory scheme against the standards set forth in Kennedy v. Mendoza-Martinez
    Search
  10. explicitly limited to one context or the other, have been so limited by decision of this Court. See, e.g., Helvering v. Mitchell
    Search
  11. defined penalty is civil or criminal is a matter of statutory construction. See, e.g., One Lot Emerald Cut Stones v. United
    Search
  12. Helvering v. Mitchell
    Search
  13. indicated either expressly or impliedly a preference for one label or the other. See One lot Emerald Cut Stones v. United
    Search
  14. Page 448 U. S. 249 scheme was so punitive either in purpose or effect as to negate that intention. See Flemming v. Nestor
    Search
  15. Id. at 363 U. S. 617 . See also One lot Emerald Ct Stones v. United
    Search
  16. Rex Trailer Co. v. United
    Search
  17. the District Court and the Court of Appeals found it useful to refer to the seven considerations listed in Kennedy v. Mendoza-Martinez
    Search
  18. neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions, see, e.g., Bell v. Wolfish
    Search
  19. for which the Government need prove no scienter. See United States v. White
    Search
  20. One Lot Emerald Cut Stones v. United
    Search
  21. U.S. at 303 U. S. 404 . See also One Lot Emerald Cut Stones v. United
    Search
  22. the Fifth Amendment's protection against compulsory self-incrimination. He relies primarily in this regard upon Boyd v. United
    Search
  23. was sufficiently criminal to trigger the protections of the Self-Incrimination Clause of the Fifth Amendment. Lees v. United
    Search
  24. States, 150 U. S. 476 (1893). More recently, in One 1958 Plymouth Sedan v. Pennsylvania
    Search
  25. U. S. 693 (1965), and United States v. United
    Search
  26. Fisher v. United
    Search
  27. States, 425 U. S. 391 , 425 U. S. 407 (1976). In United States v. Regan
    Search
  28. U.S. at 232 U. S. 50 . See also Helvering v. Mitchell
    Search
  29. U.S. at 303 U. S. 400 , n. 3. Similarly, in Hepner v. United
    Search
  30. had absolutely no correlation to any damages sustained by society or to the cost of enforcing the law. See also Lees v. United
    Search
  31. Plymouth Sedan v. Pennsylvania
    Search
  32. United States v. United
    Search
  33. posed a danger that the appellants would prejudice themselves in respect to later criminal proceedings. See Hepner v. United
    Search
  34. as that term is used in Boyd v. United
    Search
  35. in the Court's opinion. The Court of Appeals engaged in a careful analysis of the standards set forth in Kennedy v. Mendoza-Martinez
    Search
  36. assessments permit penalties that may be excessive in relation to alternative remedial or nonpunitive purposes. Ward v. Coleman
    Search
  37. Ward v. Coleman
    Search
  38. I agree with the Court of Appeals that, under these circumstances, application of the factors set forth in Kennedy v. Mendoza-Martinez
    Search
  39. people to whom it applies. Two examples from the tax field will illustrate my point. As this Court held in Marchetti v. United
    Search
  40. States, 390 U. S. 39 , and Grosso v. United
    Search
  41. to Page 448 U. S. 259 supply the relevant information required from every taxpayer. See United States v. Oliver
    Search
  42. b)(6). Ward v. Coleman
    Search
  43. U.S. Supreme Court United States v. Ward
    Search
  44. Boyd v. United
    Search
  45. Emerald Cut Stones v. United
    Search
  46. See Flemming v. Nestor
    Search
  47. Emerald Ct Stones v. United
    Search
  48. See United States v. White
    Search
  49. of the Self-Incrimination Clause of the Fifth Amendment. Lees v. United
    Search
  50. Plymouth Sedan v. Pennsylvania
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial