United States v. Ursery, 518 U.S. 267, 3 (1996)

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Cite as: 518 U. S. 267 (1996)

Syllabus

there is no requirement in the statutes at issue that the Government demonstrate scienter in order to establish that the property is subject to forfeiture; (3) though both statutes may serve a deterrent purpose, this purpose may serve civil as well as criminal goals; and (4) the fact that both are tied to criminal activity is insufficient in itself to render them punitive. See, e. g., United States v. Ward, 448 U. S. 242, 247-248, n. 7, 249. Pp. 288-292.

No. 95-345, 59 F. 3d 568, and No. 95-346, 33 F. 3d 1210 and 56 F. 3d 41, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, post, p. 292. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 297. Stevens, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 297.

Michael R. Dreeben argued the cause for the United States in both cases. With him on the briefs were Solicitor General Days, Acting Assistant Attorney General Keeney, Miguel A. Estrada, Kathleen A. Felton, and Joseph Douglas Wilson.

Jeffry K. Finer argued the cause for respondents in No. 95-346. With him on the briefs were Jeffrey Steinborn, David Michael, and E. E. Edwards III.

Lawrence S. Robbins argued the cause for respondent in No. 95-345. With him on the brief were Donald M. Falk and Lawrence J. Emery, by appointment of the Court, 516 U. S. 1109.†

†Briefs of amici curiae urging reversal were filed for the State of Connecticut et al. by John M. Bailey, Chief State's Attorney of Connecticut, and Mary H. Lesser, Assistant State's Attorney, and by the Attorneys General for their respective jurisdictions as follows: Jeff Sessions of Alabama, Bruce M. Botelho of Alaska, Grant Woods of Arizona, Winston Bryant of Arkansas, Daniel E. Lungren of California, Gale A. Norton of Colorado, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, Margery S. Bronster of Hawaii, Alan G. Lance of Idaho, Jim Ryan of Illinois, Pamela Carter of Indiana, Tom Miller of Iowa, Carla J. Stovall of Kansas, A. B. Chandler III of Kentucky,

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