United States v. Ursery, 518 U.S. 267, 10 (1996)

Page:   Index   Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

276

UNITED STATES v. URSERY

Opinion of the Court

the right of forfeiture was "created by statute, in rem, cognizable on the revenue side of the exchequer," The Palmyra, supra, at 14, it never had suggested that the Constitution prohibited for statutory civil forfeiture what was required for common-law civil forfeiture. For the Various Items Court to have held that the forfeiture was prohibited by the prior criminal proceeding would have been directly contrary to the common-law rule, and would have called into question the constitutionality of forfeiture statutes thought constitutional for over a century. See United States v. Curtiss-Wright Export Corp., 299 U. S. 304, 327-328 (1936) (Evidence of a longstanding legislative practice "goes a long way in the direction of proving the presence of unassailable ground for the constitutionality of the practice").

Following its decision in Various Items, the Court did not consider another double jeopardy case involving a civil forfeiture for 40 years. Then, in One Lot Emerald Cut Stones v. United States, 409 U. S. 232 (1972) (per curiam), the Court's brief opinion reaffirmed the rule of Various Items. In Emerald Cut Stones, after having been acquitted of smuggling jewels into the United States, the owner of the jewels intervened in a proceeding to forfeit them as contraband. We rejected the owner's double jeopardy challenge to the forfeiture, holding that "[i]f for no other reason, the forfeiture is not barred by the Double Jeopardy Clause of the Fifth Amendment because it involves neither two criminal trials nor two criminal punishments." 409 U. S., at 235. Noting that the forfeiture provisions had been codified separately from parallel criminal provisions, the Court determined that the forfeiture clearly was "a civil sanction." Id., at 236. The forfeitures were not criminal punishments because they did not impose a second in personam penalty for the criminal defendant's wrongdoing.

In our most recent decision considering whether a civil forfeiture constitutes punishment under the Double Jeopardy Clause, we again affirmed the rule of Various Items. In

Page:   Index   Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: October 4, 2007