United States v. Ursery case brief

United States v. Ursery case brief summary
518 U.S. 267 (1996)

CASE SYNOPSIS

The United States sought review by certiorari of similar rulings by the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Ninth Circuit, which held that the Double Jeopardy Clause of the Fifth Amendment prohibited both a criminal prosecution and civil property forfeiture for the same offense.

CASE FACTS
In two consolidated appeals, the United States challenged the appellate court findings that the Double Jeopardy Clause of the Fifth Amendment prohibited the government from both punishing a defendant for a criminal offense and forfeiting his property for that same offense in separate civil proceedings.

DISCUSSION

• Reversing the decisions, the Court held that the in rem civil forfeitures were neither punishment nor criminal for the purposes of the Double Jeopardy Clause. 
• The Court said that the forfeitures were designated as civil by Congress and proceeded in rem. 
• Those facts established a presumption that the forfeitures were not subject to the Double Jeopardy Clause. 
• Nevertheless, the Court looked for evidence indicating that the forfeitures were punitive, either in purpose or effect, as to be equivalent to a criminal proceeding. 
• The Court found that they were not.

CONCLUSION
The Court reversed the two consolidated decisions.



Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure