United States v. Ursery, 518 U.S. 267, 7 (1996)

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

Opinion of the Court

II

The Double Jeopardy Clause provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb." U. S. Const., Amdt. 5. The Clause serves the function of preventing both "successive punishments and . . . successive prosecutions." United States v. Dixon, 509 U. S. 688, 696 (1993), citing North Carolina v. Pearce, 395 U. S. 711 (1969). The protection against multiple punishments prohibits the Government from " 'punishing twice, or attempting a second time to punish criminally for the same offense.' " Witte v. United States, 515 U. S. 389, 396 (1995) (emphasis deleted), quoting Helvering v. Mitchell, 303 U. S. 391, 399 (1938).

In the decisions that we review, the Courts of Appeals held that the civil forfeitures constituted "punishment," making them subject to the prohibitions of the Double Jeopardy Clause. The Government challenges that characterization of the forfeitures, arguing that the courts were wrong to conclude that civil forfeitures are punitive for double jeopardy purposes.1

1 The Government raises three other challenges to the decisions that we review. First, focusing on the decision of the Court of Appeals for the Sixth Circuit in No. 95-345, the Government contends that the Double Jeopardy Clause applies only to prohibit a punishment imposed following a "jeopardy," and that a civil forfeiture, regardless whether it is a "punishment," is not a "jeopardy." Thus, because Ursery had not been placed in "jeopardy" in the civil forfeiture proceeding against his house, the Double Jeopardy Clause was inapplicable to his criminal prosecution. Second, the Government argues that the civil forfeiture of property is not the same offense as a criminal prosecution, and therefore that the double jeopardy protection against multiple punishments for the same offense is not at issue here. Finally, the Government argues that a civil forfeiture action that is parallel and contemporaneous with a criminal prosecution should be deemed to constitute a single proceeding within the meaning of the Double Jeopardy Clause.

Because we conclude that the civil forfeitures involved in these cases do not constitute punishment under the Double Jeopardy Clause, see infra, at 292, we do not address those three arguments in this opinion.

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