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Hudson Vs. United States

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  • US Supreme Court
  • Oct 08, 1997

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65 entries 8 linked 57 unlinked
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  1. Breed Vs. Jones US Supreme Court · May 27, 1975
  2. United States Vs. Ursery US Supreme Court · Apr 17, 1996
  3. United States Vs. Spector US Supreme Court · Apr 07, 1952
  4. Flemming Vs. Nestor US Supreme Court · Jun 20, 1960
  5. United States Vs. Halper US Supreme Court · May 15, 1989
  6. United States Vs. Ward US Supreme Court · Jun 27, 1980
  7. Kennedy Vs. Mendoza-martinez US Supreme Court · Feb 18, 1963
  8. Kansas Vs. Hendricks US Supreme Court · Dec 10, 1996
  9. Hudson v. United
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  10. States - 522 U.S. 93 (1997) October Term, 1997 Syllabus Hudson Et Al. V. United
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  11. The District Court ultimately dismissed the indictments, but the Court of Appeals reversed, relying on United States v. Halper
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  12. only against the imposition of multiple criminal punishments for the same offense. See, e. g., Helvering v. Mitchell
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  13. in nature, see, e. g., United States v. Ward
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  14. The Court thereby elevated to dispositive status one of the factors listed in Kennedy v. Mendoza-Martinez
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  15. were so punitive in form and effect as to render them criminal despite Congress' contrary intent, see United States v. Ursery
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  16. Helvering, supra, at 399, and n. 2, 400, and neither involves an affirmative disability or restraint, see Flemming v. Nestor
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  17. criminally punitive, Ursery, supra, at 292, particularly in the double jeopardy context, see United States v. Dixon
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  18. civil, not criminal. Our reasons for so holding in large part disavow the method of analysis used in United States v. Halper
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  19. U. S. 435 , 448 (1989), and reaffirm the previously established rule exemplified in United States v. Ward
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  20. We have long recognized that the Double Jeopardy Clause does not prohibit the imposition of 4 E. g., Zukas v. Hinson
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  21. E. B. v. Verniero
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  22. Jones v. Securities
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  23. United States v. Hatfield
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  24. Taylor v. Cisneros
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  25. United States v. Galan
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  26. be described as punishment. United States ex rel. Marcus v. Hess
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  27. U. S. 537 , 549 (1943) (quoting Moore v. Illinois
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  28. The Clause protects only against the imposition of multiple criminal punishments for the same offense, Helvering v. Mitchell
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  29. and then only when such occurs in successive proceedings, see Missouri v. Hunter
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  30. Rex Trailer Co. v. United
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  31. States, 350 U. S. 148 , 154 (1956). In making this latter determination, the factors listed in Kennedy v. Mendoza-Martinez
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  32. a criminal penalty, Ward, supra, at 249 (internal quotation marks omitted). Our opinion in United States v. Halper
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  33. We have since recognized that all civil penalties have some deterrent effect. See Department of Revenue of Mont. v. Kurth
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  34. and Equal Protection Clauses already protect individuals from sanctions which are downright irrational. Williamson v. Lee
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  35. U. S. 483 (1955). The Eighth Amendment protects against excessive civil fines, including forfeitures. Alexander v. United
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  36. Austin v. United
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  37. Wong Wing v. United
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  38. criminally punitive, Ursery, 518 U. S., at 292, particularly in the double jeopardy context, see United States v. Dixon
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  39. see also Bennis v. Michigan
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  40. of trying to force the Halper analysis upon the Montana tax scheme at issue in Department of Revenue of Mont. v. Kurth
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  41. anything in the opinion of the Court of Appeals, would require a reexamination of the central holding in United States v. Halper
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  42. sentence of the Court's opinion, this is an extremely easy case. It has been settled since the decision in Blockburger v. United
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  43. for which a defendant has previously been punished. See, e. g., United States v. Dixon
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  44. Rutledge v. United
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  45. it also has nothing to say about that court's explanation of why the reasoning in our opinion in United States v. Halper
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  46. of New Jersey's novel, controversial 2 Petitioners challenge this conclusion by relying on dicta from Kansas v. Hendricks
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  47. This statement, pure dictum, was unsupported by any authority and contradicts the earlier ruling in United States v. Dixon
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  48. E. B. v. Poritz
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  49. F. Supp. 85 (NJ 1996), rev'd, E. B. v. Verniero
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  50. I do agree with its reaffirmation of the central holding of Halper and Department of Revenue of Mont. v. Kurth
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