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United States Vs. Ward
Cites for this judgment
- US Supreme Court
- Jun 27, 1980
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U.S. 242 (1980) U.S. Supreme Court United States v. WardSearch
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U.S. 242 (1980) United States v. WardSearch
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the factor -- the behavior to which the penalty applies is already a crime -- considered, inter alia, in Kennedy v. Mendoza-MartinezSearch
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so as to implicate the Fifth Amendment's protection against self-incrimination. Boyd v. UnitedSearch
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discharge after it had been discovered. The United States Court of Appeals for the Tenth Circuit reversed. Ward v. ColemanSearch
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purpose for the provision, the Court of Appeals tested the statutory scheme against the standards set forth in Kennedy v. Mendoza-MartinezSearch
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explicitly limited to one context or the other, have been so limited by decision of this Court. See, e.g., Helvering v. MitchellSearch
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defined penalty is civil or criminal is a matter of statutory construction. See, e.g., One Lot Emerald Cut Stones v. UnitedSearch
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Helvering v. MitchellSearch
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indicated either expressly or impliedly a preference for one label or the other. See One lot Emerald Cut Stones v. UnitedSearch
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Page 448 U. S. 249 scheme was so punitive either in purpose or effect as to negate that intention. See Flemming v. NestorSearch
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Id. at 363 U. S. 617 . See also One lot Emerald Ct Stones v. UnitedSearch
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Rex Trailer Co. v. UnitedSearch
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the District Court and the Court of Appeals found it useful to refer to the seven considerations listed in Kennedy v. Mendoza-MartinezSearch
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neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions, see, e.g., Bell v. WolfishSearch
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for which the Government need prove no scienter. See United States v. WhiteSearch
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One Lot Emerald Cut Stones v. UnitedSearch
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U.S. at 303 U. S. 404 . See also One Lot Emerald Cut Stones v. UnitedSearch
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the Fifth Amendment's protection against compulsory self-incrimination. He relies primarily in this regard upon Boyd v. UnitedSearch
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was sufficiently criminal to trigger the protections of the Self-Incrimination Clause of the Fifth Amendment. Lees v. UnitedSearch
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States, 150 U. S. 476 (1893). More recently, in One 1958 Plymouth Sedan v. PennsylvaniaSearch
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U. S. 693 (1965), and United States v. UnitedSearch
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Fisher v. UnitedSearch
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States, 425 U. S. 391 , 425 U. S. 407 (1976). In United States v. ReganSearch
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U.S. at 232 U. S. 50 . See also Helvering v. MitchellSearch
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U.S. at 303 U. S. 400 , n. 3. Similarly, in Hepner v. UnitedSearch
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had absolutely no correlation to any damages sustained by society or to the cost of enforcing the law. See also Lees v. UnitedSearch
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Plymouth Sedan v. PennsylvaniaSearch
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United States v. UnitedSearch
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posed a danger that the appellants would prejudice themselves in respect to later criminal proceedings. See Hepner v. UnitedSearch
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as that term is used in Boyd v. UnitedSearch
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in the Court's opinion. The Court of Appeals engaged in a careful analysis of the standards set forth in Kennedy v. Mendoza-MartinezSearch
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assessments permit penalties that may be excessive in relation to alternative remedial or nonpunitive purposes. Ward v. ColemanSearch
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Ward v. ColemanSearch
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I agree with the Court of Appeals that, under these circumstances, application of the factors set forth in Kennedy v. Mendoza-MartinezSearch
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people to whom it applies. Two examples from the tax field will illustrate my point. As this Court held in Marchetti v. UnitedSearch
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States, 390 U. S. 39 , and Grosso v. UnitedSearch
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to Page 448 U. S. 259 supply the relevant information required from every taxpayer. See United States v. OliverSearch
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b)(6). Ward v. ColemanSearch
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U.S. Supreme Court United States v. WardSearch
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Boyd v. UnitedSearch
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Emerald Cut Stones v. UnitedSearch
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See Flemming v. NestorSearch
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Emerald Ct Stones v. UnitedSearch
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See United States v. WhiteSearch
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of the Self-Incrimination Clause of the Fifth Amendment. Lees v. UnitedSearch
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Plymouth Sedan v. PennsylvaniaSearch
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