CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, April 19, 2018

"Will the Supreme Court Rein in Civil Forfeiture?"

From The New Republic, via the NACDL news scan:

The trial court refused to authorize the seizure. Indiana law only allowed a $10,000 fine for Timbs’s sentence, and the court concluded that seizing a vehicle worth four times as much as that threshold would be “grossly disproportionate” relative to Timbs’s crime. The Indiana Court of Appeals upheld the decision after their own review of the circumstances. But the Indiana Supreme Court intervened and approved the seizure.

The judges’ unanimous opinion rested on a precedent, or lack thereof: The U.S. Supreme Court has never applied the Eighth Amendment’s Excessive Fines Clause to the states. Other lower courts have chosen to do so without waiting for the top justices, but Indiana’s Supreme Court was uninterested in following that path for Timbs’s benefit. “Indiana is a sovereign state within our federal system, and we elect not to impose federal obligations on the State that the federal government itself has not mandated,” the court declared.

https://lawprofessors.typepad.com/crimprof_blog/2018/04/will-the-supreme-court-rein-in-civil-forfeiture.html

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