NCJ Number
35554
Journal
Minnesota Law Review Volume: 60 Issue: 3 Dated: (FEBRUARY 1976) Pages: 379-500
Date Published
1976
Length
122 pages
Annotation
GUIDELINES SET FORTH TO EXPLAIN AND ORDER SUPREME COURT HOLDINGS DETERMINING THE APPLICABILITY OF CONSTITUTIONAL SAFEGUARDS TO CERTAIN CIVIL PROCEEDINGS INVOLVING CIVIL MONEY PENALTIES AND FORFEITURES.
Abstract
THE FIRST PORTION OF THE ARTICLE DEALS WITH THE DISTINCTION BETWEEN CRIMINAL PUNISHMENT AND CIVIL PUNISHMENT. A DEFINITION OF CRIMINAL PUNISHMENT IS DEVELOPED AND RELATED COURT RULINGS CITED. THE CONSTITUTIONAL ASPECTS OF CIVIL LAW ARE REVIEWED. THE SECOND MAJOR DISTINCTION DEALT WITH BY THE ARTILCE IS THAT BETWEEN PUNISHMENT AND NONPUNISHMENT - A DISTINCTION THAT DETERMINES THE APPLICABILITY OF CONSTITUTIONAL PROVISIONS TO CRIMINAL AND CIVIL PUNISHMENTS. THE MEANING OF PUNISHMENT IS STUDIED THROUGH ANALYSIS OF POLICIES UNDERLYING VARIOUS CONSTITUTIONAL PROVISIONS. THE LAST SECTION OUTLINES UNCERTAINTIES ABOUT THE APPLICABILITY OF SUCH PROCEDURAL REQUIREMENTS AS THE SEVENTH AMENDMENT RIGHT TO JURY TRIAL, ENFORCEABILITY OF REMISSION AND MITIGATION OF PENALTY PROCEDURE CONTAINED IN SOME STATUTES, AND THE PLACEMENT OF BURDEN OF PROOF IN PENALTY PROCEEDINGS.