Double jeopardy claims gaining: issue is raised with some success in civil-forfeiture, drunk-driving cases

Article Abstract:

Some accused persons are challenging criminal prosecution and civil forfeiture in drug dealing and drunk driving cases because of the automatic civil sanctions already imposed. These cases contend that the seizure of a home or drivers' license should bar further action because punishment has already been imposed under the constitutional double-jeopardy protections. Already, approximately 200 favorable rulings have been reached for drunk driving cases on this issue but the judiciary does not support the view in general.

Remedies, Drunk driving, Driving while intoxicated, Drug traffic, Drug dealing

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One crime, two punishments: asset forfeiture cases offer chance to sort out double jeopardy issues

Article Abstract:

The US Supreme Court is considering several asset forfeiture cases this term, highlighting the tension in conservative thought between fighting crime and limiting government power. Congress expanded forfeiture laws in 1984, and now some 100 federal laws allow civil forfeiture proceedings. The cases before the Court this year involve seizure of property in which innocent parties had an interest, and claims that civil forfeiture and criminal prosecution together violate the double jeopardy clause of the 5th Amendment.

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Innocence punished; Justice Ginsburg keys surprise ruling in double jeopardy case

Article Abstract:

The US Supreme Court upheld the item-as-offender doctrine in Bennis v. Michigan. The decision surprised many observers in view of complaints that federal forfeiture programs were too aggressive and possibly unconstitutional. Justice John Paul Stevens dissented from the ruling, stating that seizing the property of an innocent individual could hardly be expected to deter crime. Experts in forfeiture law do not expect the case to have a broad effect since most laws have an innocent owner exception.

Sentences (Criminal procedure)

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