466
Stevens, J., dissenting
II
Apart from the lack of a sufficient nexus between petitioner's car and the offense her husband committed, I would reverse because petitioner is entirely without responsibility for that act. Fundamental fairness prohibits the punishment of innocent people.
The majority insists that it is a settled rule that the owner of property is strictly liable for wrongful uses to which that property is put. See ante, at 446-450. Only three Terms ago, however, the Court surveyed the same historical antecedents and held that all of its forfeiture decisions rested, "at bottom, on the notion that the owner has been negligent in allowing his property to be misused and that he is properly punished for that negligence." Austin v. United States, 509 U. S., at 615 (citing Calero-Toledo, Goldsmith-Grant Co., Dobbins's Distillery, Harmony, and The Palmyra). According to Austin, even the hoary fiction that property was forfeitable because of its own guilt was based on the idea that " ' "such misfortunes are in part owing to the negligence of the owner, and therefore he is properly punished by the forfeiture." ' " 509 U. S., at 616, quoting Goldsmith-Grant Co., 254 U. S., at 510-511, in turn quoting 1 W. Blackstone, Commentaries *301. It is conceded that petitioner was in no way negligent in her use or entrustment of the family car. Thus, no forfeiture should have been permitted. The majority, however, simply ignores Austin's detailed analysis of our case law without explanation or comment.
Even assuming that strict liability applies to "innocent" owners, we have consistently recognized an exception for truly blameless individuals. The Court's opinion in Calero-Toledo v. Pearson Yacht Leasing Co., 416 U. S., at 688-690, established the proposition that the Constitution bars the punitive forfeiture of property when its owner alleges and proves that he took all reasonable steps to prevent its illegal use. Accord, Austin, 509 U. S., at 616-617. The majority
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