IMPOSITION OF ADMINISTRATIVE PENALTIES AND THE RIGHT TO TRIAL BY JURY - AN UNHERALDED EXPANSION OF CRIMINAL LAW

• NCJ Number: 18128
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 3 Dated: (SEPTEMBER 1974) Pages: 345-360
• Author(s): ANON
• Date Published: 1974
• Length: 16 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT EXAMINES THE DOCTRINAL ROOTS OF TRADITIONAL AGENCY PRACTICE REGARDING THE IMPOSITION OF PENALTIES IN ORDER TO DETERMINE WHETHER THIS PRACTICE IS CONSTITUTIONAL.

Abstract

THE CONSTITUTIONAL POSITION OF THE AGENCY ITSELF IS ANALYZED IN RELATION TO SPECIFIC CONSTITUTIONAL GUARANTEES APPLIED IN CRIMINAL PROCEEDINGS, SUCH AS THE RIGHTS TO DUE PROCESS AND TRIAL BY JURY. ALSO EXAMINED IS THE APPLICABILITY OF THE SEVENTH AMENDMENT RIGHT OF TRIAL BY JURY IN CIVIL CASES AND THE ARTICLE THREE AND SIXTH AMENDMENT PROVISIONS REQUIRING TRIAL BY JURY IN ALL CRIMINAL SITUATIONS. DISCUSSED ARE SEVERAL FACTORS WHICH THE COURTS HAVE ANALYZED IN DETERMINING WHETHER AN ADMINISTRATIVE ACTION IS CIVIL OR CRIMINAL. THESE INCLUDE SUCH ELEMENTS AS THE NATURE OF THE OFFENSE ITSELF, THE OVERALL CHARACTER OF THE PROCEEDING ITSELF (REMEDIAL VERSUS PENAL), AND THE NATURE OF PENALTY TO BE IMPOSED. THE AUTHOR CONCLUDES THAT HISTORICAL ANALYSIS AND SIGNIFICANT PRECEDENT INDICATES THAT THE SEVENTH AMENDMENT IS INAPPLICABLE TO AGENCY FUNCTIONS. HE MAINTAINS, HOWEVER, THAT THE SIXTH AMENDMENT SHOULD OPERATE TO GUARANTEE A JURY CONSIDERATION OF GUILT OR INNOCENCE, SINCE THE NATURE OF MODERN ADMINISTRATIVE PROCEEDINGS AND THE SIGNIFICANT MONETARY SANCTIONS IMPOSED FORCE THE CONCLUSION THAT THESE PROCEEDINGS ARE PENAL IN PURPOSE AND CHARACTER.