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AustIn Vs. United States

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  • US Supreme Court
  • Jun 28, 1993

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80 entries 6 linked 74 unlinked
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  1. United States Vs. Halper US Supreme Court · May 15, 1989
  2. United States Vs. Park US Supreme Court · Jun 09, 1975
  3. Peisch Vs. Ware US Supreme Court · Jan 01, 1808
  4. Kennedy Vs. Mendoza-martinez US Supreme Court · Feb 18, 1963
  5. United States Vs. Zucker US Supreme Court · Mar 02, 1896
  6. United States Vs. Ward US Supreme Court · Jun 27, 1980
  7. Austin v. United
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  8. States - 509 U.S. 602 (1993) October Term, 1992 Syllabus Austin V. United
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  9. it from the Clause's purview, so long as it can only be explained as serving in part to punish. See United States v. Halper
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  10. in particular, 603 historically have been understood, at least in part, as punishment. See, e. g., Peisch v. Ware
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  11. of the owner as a common-law defense to forfeiture. See, e. g., Calero-Toledo v. Pearson
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  12. U. S. Const., Arndt. 8. 606 United States v. One
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  13. court felt constrained from holding the forfeiture unconstitutional. It cited this Court's decision in CaleroToledo v. Pearson
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  14. Ibid., quoting United States v. Tax
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  15. Lot 1500, 861 F.2d 232 , 234 (CA9 1988), cert. denied sub nom. Jaffee v. United
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  16. the Second Circuit over the applicability of the Eighth Amendment to in rem civil forfeitures. See United States v. Certain
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  17. Real Property, 954 F.2d 29 , 35, 38-39, cert. denied sub nom. Levin v. United
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  18. We have had occasion to consider this Clause only once before. In Browning-Ferris Industries of Vt., Inc. v. Kelco
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  19. apply to a civil proceeding unless that proceeding is so punitive that it must be considered criminal under Kennedy v. Mendoza-Martinez
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  20. U. S. 144 (1963), and United States v. Ward
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  21. against unreasonable searches and seizures applies in forfeiture proceedings, see One 1958 Plymouth Sedan v. Pennsylvania
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  22. Boyd v. United
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  23. U. S. 616 , 634 (1886), but that the Sixth Amendment's Confrontation Clause does not, see United States v. Zucker
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  24. In re Winship, 397 U. S. 358 (1970), does not apply to civil forfeiture proceedings. See Lilienthal's Tobacco v. United
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  25. proceedings, but only in cases where the forfeiture could properly be characterized as remedial. See United States v. One
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  26. One Lot Emerald Cut Stones v. United
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  27. see generally United States v. Halper
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  28. proceedings, but only where the forfeiture statute had made the culpability of the owner relevant, see United States v. United
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  29. see also United States v. Ward
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  30. forfeiture proceeding if it is so punitive that the proceeding must reasonably be considered criminal. See Kennedy v. Mendoza-Martinez
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  31. punishment. The Excessive Fines Clause limits the government's power to extract payments, whether 5 In Ingraham v. Wright
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  32. Id., at 447. See also United States ex rel. Marcus v. Hess
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  33. forfeiture was understood at least in part as punish- 6 For this reason, the United States' reliance on Kennedy v. MendozaMartinez
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  34. and United States v. Ward
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  35. the Court has not employed the tests articulated in MendozaMartinez and Ward. See, e. g., United States v. Halper
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  36. undertaken without the knowledge of the master or owner, could result in forfeiture of the entire ship. See Mitchell v. Torup
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  37. forfeiture statutes.''' Calero-Toledo, 416 U. S., at 683, quoting C. J. Hendry Co. v. Moore
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  38. C Our cases also have recognized that statutory in rem forfeiture imposes punishment. In Peisch v. Ware
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  39. J. W Goldsmith, Jr.-Grant Co. v. United
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  40. Dobbins's Distillery v. United
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  41. Harmony v. United
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  42. Republic Nat. Bank of Miami v. United
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  43. proceedings, might have lacked in personam jurisdiction over the owner of the property. See also Harmony v. United
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  44. forfeiture, it consistently has recognized that forfeiture serves, at least in part, to punish the owner. See Peisch v. Ware
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  45. see also United States v. Parcel
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  46. on the culpability of the owner in a way that makes them look more like punishment, not less. In United States v. United
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  47. intent to punish only those involved in drug trafficking. standing of the relevant question. Under United States v. Halper
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  48. history in its brief in the present case, it quoted the same passage with approval in its brief in United States v. Parcel
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  49. itself may be characterized as remedial because it removes dangerous or illegal items from society. See United States v. One
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  50. s attempt to extend that reasoning to conveyances used to transport illegal liquor. See One 1958 Plymouth Sedan v. Pennsylvania
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