austin argued april decided june state sentenced petitioner austin guilty plea one count possessing cocaine intent distribute violation south dakota law filed rem action federal district mobile home auto body shop provide forfeiture respectively vehicles real property used intended used facilitate commission certain crimes granting government summary judgment basis officer affidavit austin brought two grams cocaine mobile home body shop order consummate prearranged sale rejected austin argument forfeiture properties violate eighth amendment excessive fines clause appeals affirmed agreeing government eighth amendment inapplicable rem civil forfeitures held forfeiture monetary punishment subject limitations excessive fines clause pp determinative question government whether forfeiture civil criminal eighth amendment text expressly limited criminal cases history require limitation rather crucial question whether forfeiture monetary punishment excessive fines clause particularly concerned sanctions frequently serve one purpose fact forfeiture serves remedial goals exclude clause purview long explained serving part punish see halper thus consideration must given whether time eighth amendment ratified forfeiture understood least part punishment whether forfeiture understood today pp review english american law time following ratification eighth amendment demonstrates forfeiture generally statutory rem forfeiture particular historically understood least part punishment see peisch ware cranch understanding runs cases rejecting innocence owner common law defense forfeiture see pearson yacht leasing pp forfeitures properly considered punishment today since nothing provisions contradicts historical understanding since sections clearly focus owner culpability expressly providing innocent owner defenses tying forfeiture directly commission drug offenses since legislative history confirms congress understood provisions serving deter punish thus even assuming sections serve remedial purpose concluded forfeiture sections serves purpose pp declines establish test determining whether forfeiture constitutionally excessive since prudence dictates lower courts allowed consider question first instance blackmun delivered opinion white stevens souter joined scalia filed opinion concurring part concurring judgment post kennedy filed opinion concurring part concurring judgment rehnquist thomas joined post richard johnson argued cause fore petitioner briefs scott peters miguel estrada argued cause brief acting solicitor general bryson acting assistant attorney general keeney thomas booth briefs amici curiae urging reversal filed american civil liberties union gerard lynch steven shapiro john powell national association criminal defense layers david smith justin miller roger conner robert teir edward dennis peter buscemi filed brief american alliance rights responsibilities et al urging affirmance brief amici curiae filed state arizona et al grant woods attorney general arizona cameron holmes sandra janzen assistant attorneys general daniel lungren attorney general gary schons domenick galluzzo acting chief state attorney connectitcut attorneys general respective jurisdictions follows winston bryant arkansas robert butterworth florida michael bowers georgia robert marks hawaii larry echohawk idaho robert stephan kansas chris gorman kentucky richard ieyoub louisiana michael carpenter maine joseph curran maryland scott harshbarger massachusetts frank kelley michigan hubert humphrey iii minnesota michaelo moore mississippi joseph mazurek montana stenberg nebraska frankie sue del papa nevada jeffrey howard new carolina susan loving oklahoma ernest preate pennsylvania jeffrey pine rhode island travis medlock sought carolina dan morales texas jan graham utah stephen rosenthal virginia christine gregoire washington joseph meyer wyoming rosalie simmonds ballentine virgin islands justice blackmun delivered opinion case asked decide whether excessive fines clause eighth amendment applies forfeitures property hold therefore remand case consideration question whether forfeiture issue excessive august petitioner richard lyle austin indicted four counts violating south dakota drug laws austin ultimately pleaded guilty one count possessing cocaine intent distribute sentenced state seven years imprisonment september filed rem action district district south dakota seeking forfeiture austin mobile home auto body shop austin filed claim answer complaint february made motion supported affidavit sioux falls police officer donald satterlee summary judgment according satterlee affidavit austin met keith engebretson austin body shop june agreed sell cocaine engebretson austin left shop went mobile home returned shop two grams cocaine sold engebretson state authorities executed search warrant body shop mobile home following day discovered small amounts marijuana cocaine caliber revolver drug paraphernalia approximately cash app opposing summary judgment austin argued forfeiture properties violate eighth amendment district rejected argument entered summary judgment appeals eighth circuit reluctantly agree government affirmed one parcel property although thought principle proportionality applied civil actions result harsh penalties ibid government exacting high penalty relation offense committed felt constrained holding forfeiture unconstitutional cited decision pearson yacht leasing proposition government proceeding property rem guilt innocence property owner constitutionally irrelevant reasoned constrained agree ninth circuit constitution allows rem forfeiture visited upon innocent owners constitution hardly requires proportionality review forfeitures quoting tax lot cert denied sub nom jaffee granted certiorari resolve apparent conflict appeals second circuit applicability eighth amendment rem civil forfeitures see certain real property cert denied sub nom levin ii austin contends eighth amendment excessive fines clause applies rem civil forfeiture proceedings see brief petitioner occasion consider clause industries kelco disposal held excessive fines clause limit award punitive damages private party civil suit government neither prosecuted action right receive share damages opinion justice opinion concurring part dissenting part reviewed detail history excessive fines clause see concluded eighth amendment english bill rights derives intended prevent government abusing power punish see therefore excessive fines clause intended limit fines directly imposed payable government found unnecessary decide whether excessive fines clause applies criminal cases argues claim government conduct civil proceeding limited eighth amendment generally excessive fines clause particular must fail unless challenged governmental action despite label recognized criminal punishment time eighth amendment adopted brief emphasis added provisions bill rights expressly limited criminal cases fifth amendment clause example provides person shall compelled criminal case witness protections provided sixth amendment explicitly confined criminal prosecutions see generally ward text eighth amendment includes similar limitation see supra history eighth amendment require limitation justice noted consideration eighth amendment immediately followed consideration fifth amendment deciding confine benefits clause fifth amendment criminal proceedings framers turned attention eighth amendment proposals limit amendment criminal proceedings section english bill rights expressly limited criminal cases either original draft introduced house commons contain restriction respect bail clause requiring excessive bail persons committed criminal cases imposing excessive fines illegal punishments prevented absence similar restriction two clauses suggests limited criminal cases final version even reference criminal cases bail clause omitted see ch stat large excessive bail required excessive fines imposed cruel unusual punishments inflicted see also schwoerer declaration rights article contains reference criminal cases thus seem apply cases purpose eighth amendment putting bail clause one side limit government power punish see cruel unusual punishments clause concerned punishment excessive fines clause limits government power extract payments whether cash kind punishment offense emphasis added notion punishment commonly understand cuts across division civil criminal law halper commonly understood civil proceedings may advance punitive remedial goals conversely punitive well remedial goals may served criminal penalties see also ex rel marcus hess frankfurter concurring thus question whether forfeiture civil criminal rather whether punishment considering question mindful fact sanctions frequently serve one purpose need exclude possibility forfeiture serves remedial purposes conclude subject limitations excessive fines clause however must determine explained serving part punish said halper civil sanction fairly said solely serve remedial purpose rather explained also serving either retributive deterrent purposes punishment come understand term turn consider whether time eighth amendment ratified forfeiture understood least part punishment whether forfeiture understood today iii three kinds forfeiture established england time eighth amendment ratified deodand forfeiture upon conviction felony treason statutory forfeiture see understood least part imposing punishment common law value inanimate object directly indirectly causing accidental death king subject forfeited crown deodand origins deodand traceable biblical practices reflected view instrument death accused religious expiation required see holmes common law value instrument forfeited king belief king provide money masses said good dead man soul insure deodand put charitable uses blackstone commentaries application deodand religious eleemosynary purposes ceased deodand became source crown revenue institution justified penalty carelessness footnotes omitted second kind common law forfeiture fell upon convicted felony treason convicted felon forfeited chattels crown lands escheated lord convicted traitor forfeited property real personal crown forfeitures known forfeitures estate see blackstone forfeitures obviously served punish felons traitors see palmyra wheat justified ground property right derived society one lost violating society laws see blackstone third english law provided statutory forfeitures offending objects used violation customs revenue laws notable navigation acts required shipping commodities english vessels violations acts resulted forfeiture illegally carried goods well ship transported see generally harper english navigation laws statute construed act individual seaman undertaken without knowledge master owner result forfeiture entire ship see mitchell torup park ex yet blackstone considered forfeiture statutes penal blackstone observed statutory forfeitures likely product confluence merger deodand tradition belief right property denied wrongdoer since traditions punitive aspect surprising forfeiture navigation acts justified penalty negligence owners ships take care master employ master mariners negligence plainly imputable master report cargo ship searched examined ship proper care according duty found tea might prevented forfeiture mitchell england three kinds forfeiture third took hold deodands become part common law tradition country constitution forbids forfeiture estate punishment treason except life person attainted art iii cl first congress also abolished forfeiture estate punishment felons act apr ch stat ong adoption constitution common law courts colonies later period confederation exercising jurisdiction rem enforcement english local forfeiture statutes quoting hendry moore first congress passed laws subjecting ships cargos involved customs offenses forfeiture follow fact however first congress thought forfeitures beyond purview eighth amendment indeed examination laws suggests first congress viewed forfeiture punishment example act july ch stat congress provided goods unloaded except day permit nd master commander ship vessel shall suffer permit master commander every person shall aiding assisting landing removing housing otherwise securing shall forfeit pay sum four hundred dollars every offence shall moreover disabled holding office trust profit term exceeding seven years shall duty collector district advertise names persons public gazette state resides within twenty days respective conviction goods wares merchandise landed discharged shall become forfeited may seized officer customs value thereof shall amount four hundred dollars vessel tackle apparel furniture shall subject like forfeiture seizure cases also recognized statutory rem forfeiture imposes punishment peisch ware cranch example held goods removed custody revenue officer without payment duties forfeitable reason unless removed consent owner agent chief justice marshall delivered opinion unanimous also opinion removal act punishes owner forfeiture goods must made consent connivance person employed trusted private theft open robbery without fault part property invaded custody officer revenue law understood punish forfeiture property fiction thing primarily considered offender venerable history case law see palmyra thing primarily considered offender rather offence attached primarily thing harmony vessel commits aggression treated offender guilty instrument thing forfeiture attaches without reference whatsoever character conduct owner dobbins distillery offence attached primarily distillery real personal property used connection without regard whatsoever personal misconduct responsibility owner yet understood fiction rest notion owner allows property become involved offense negligent thus said ascribing property certain personality power complicity guilt wrong analogy law deodand quoted blackstone explanation reason deodand misfortunes part owing negligence owner therefore properly punished forfeiture quoting blackstone none cases apply guilty property fiction justify forfeiture owner done reasonably expected prevent unlawful use property palmyra reject argument criminal conviction owner prerequisite forfeiture property see personal conviction offender necessary enforce forfeiture rem cases nature harmony owners claim innocence limited fact never contemplated authorized acts complained dobbins distillery noted responsibility part owner arose fact leased property distiller suffered occupied used lessee distillery recent cases expressly reserved question whether fiction employed forfeit property truly innocent owner see noting forfeiture truly innocent owner property raise serious constitutional questions forfeiture understood punish owner reason reserve case truly innocent owner indeed assumption forfeiture serves part punish past reservation question makes sense second theory justified forfeiture innocent owner property owner may held accountable wrongs others entrusts property harmony reasoned acts master crew cases sort bind interest owner ship whether innocent guilty impliedly submits whatever law denounces forfeiture attached ship reason unlawful wanton wrongs repeated reasoning dobbins distillery unlawful acts distiller bind owner property respect management much committed owner power effect law vests virtue lease abuses trust matter settled lessor acts violation penal consequences property considered acts owner sum even though rejected innocence owner common law defense forfeiture consistently recognized forfeiture serves least part punish owner see peisch ware cranch act punishes owner forfeiture goods dobbins distillery acts violation penal consequences property considered acts owner misfortunes part owing negligence owner therefore properly punished forfeiture recently noted forfeiture serves punitive deterrent purposes impos es economic penalty conclude therefore forfeiture generally statutory rem forfeiture particular historically understood least part punishment iv turn next consider whether forfeitures properly considered punishment today find nothing provisions legislative history contradict historical understanding forfeiture punishment unlike traditional forfeiture statutes expressly provide innocent owner defense see conveyance shall forfeited paragraph extent interest owner reason act omission established owner committed omitted without knowledge consent willful blindness owner property shall forfeited paragraph extent interest owner reason act omission established owner committed omitted without knowledge consent owner see also parcel rumson land plurality opinion noting difference traditional forfeiture statutes exemptions serve focus provisions culpability owner way makes look like punishment less coin currency reasoned provides secretary treasury return property intend violate law demonstrated congress intent impose penalty upon significantly involved criminal enterprise inclusion defenses reveals similar congressional intent punish involved drug trafficking furthermore congress chosen tie forfeiture directly commission drug offenses thus conveyance forfeitable used intended use facilitate transportation controlled substances raw materials equipment used manufacture distribute real property forfeitable used intended use facilitate commission crime punishable one year imprisonment see supra legislative history confirms punitive nature provisions added subsection congress recognized traditional criminal sanctions fine imprisonment inadequate deter punish enormously profitable trade dangerous drugs characterized forfeiture real property powerful deterrent see also joint explanation senate amendment titles ii iii psychotropic substances act noting penal nature forfeiture statutes government argues punitive rather considered remedial two respects first remove instruments drug trade thereby protecting community threat continued drug dealing brief second forfeited assets serve compensate government expense law enforcement activity expenditure societal problems urban blight drug addiction health concerns resulting drug trade view neither argument withstands scrutiny concededly recognized forfeiture contraband may characterized remedial removes dangerous illegal items society see one assortment firearms however previously rejected government attempt extend reasoning conveyances used transport illegal liquor see one plymouth sedan pennsylvania case noted nothing even remotely criminal possessing automobile ibid without question true properties involved government attempt characterize properties instruments drug trade must meet fate pennsylvania effort characterize plymouth sedan contraband government second argument remedial nature forfeiture persuasive previously upheld forfeiture goods involved customs violations reasonable form liquidated damages one lot emerald cut stones dramatic variations value conveyances real property forfeitable undercut similar argument respect provisions made point ward forfeiture property penalty ha absolutely correlation damages sustained society cost enforcing law fundamentally even assuming serve remedial purpose government argument must fail civil sanction fairly said solely serve remedial purpose rather explained also serving either retributive deterrent purposes punishment come understand term halper emphasis added light historical understanding forfeiture punishment clear focus culpability owner evidence congress understood provisions serving deter punish conclude forfeiture serves solely remedial purpose therefore conclude forfeiture provisions constitutes payment sovereign punishment offense subject limitations eighth amendment excessive fines clause austin asks establish multifactor test determining whether forfeiture constitutionally excessive see brief petitioner decline invitation although appeals opined government exacting high penalty relation offense committed occasion consider factors inform decision thought foreclosed engaging inquiry prudence dictates allow lower courts consider question first instance see yee escondido judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes conveyances including aircraft vehicles vessels used intended use transport manner facilitate transportation sale receipt possession concealment controlled substances raw materials equipment used manufacture distribution real property including right title interest including leasehold interest whole lot tract land appurtenances improvements used intended used manner part commit facilitate commission violation subchapter punishable one year imprisonment excessive bail shall required excessive fines imposed cruel unusual punishments inflicted amdt left open question whether excessive fines clause applies qui tam actions private party brings suit name shares proceeds see instant suit prosecuted austin property forfeited occasion address question general matter decisions applying constitutional protections civil forfeiture proceedings adhered distinction provisions limited criminal proceedings provisions thus held fourth amendment protection unreasonable searches seizures applies forfeiture proceedings see one plymouth sedan pennsylvania boyd sixth amendment confrontation clause see zucker also held due process requirement guilt criminal proceeding proved beyond reasonable doubt see winship apply civil forfeiture proceedings see lilienthal tobacco double jeopardy clause held apply civil forfeiture proceedings cases forfeiture properly characterized remedial see one assortment firearms one lot emerald cut stones see generally halper double jeopardy clause prohibits second sanction may fairly characterized remedial conversely fifth amendment clause textually limited criminal case applied civil forfeiture proceedings forfeiture statute made culpability owner relevant see coin currency owner faced possibility subsequent criminal proceedings see boyd see also ward discussing boyd course even protections associated criminal cases may apply civil forfeiture proceeding punitive proceeding must reasonably considered criminal see kennedy ward supra ingraham wright concluded omission reference criminal cases without substantive significance light preservation similar reference criminal cases preamble english bill rights reference preamble however related excessive bail see ch stat large moreover preamble appears designed catalog misdeeds james ii see ibid rather define scope substantive rights set subsequent sections reason reliance kennedy ward misplaced question cases whether nominally civil penalty reclassified criminal safeguards attend criminal prosecution required see ward addressing separate question whether punishment imposed employed tests articulated ward see halper since case deal question whether eighth amendment excessive fines clause applies need address application tests dictionaries time confirm fine understood include forfeiture vice versa see sheridan general dictionary english language unpaginated defining fine mulct pecuniary punishment penalty forfeit money paid exemption liberty walker critical pronouncing dictionary unpaginated sheridan supra defining forfeiture act forfeiting thing forfeited mulct fine walker supra kersey new english dictionary unpaginated defining forfeit default fine penalty peisch removal goods custody revenue officer occurred theft robbery pursuant writ replevin issued state see cranch thus peisch stands general principle law understood forfeit property owners consignees account misconduct mere strangers owners consignees control government relies heavily fiction see brief understand government rely separately technical distinction proceedings rem proceedings personam note reliance misplaced fictions rem forfeiture developed primarily expand reach courts republic nat bank miami particularly admiralty proceedings might lacked personam jurisdiction owner property see also harmony adhel discussed text forfeiture proceedings historically understood imposing punishment despite rem nature forfeiture provisions issue exempt innocent owners occasion decide case whether comport due process forfeit property truly innocent owner criminal context permitted punishment absence conscious wrongdoing long defendant powerless prevent correct violation park corporate officer strictly liable food drug cosmetic act nothing inconsistent therefore viewing forfeiture punishment even though forfeiture occasioned acts person owner doubts justice scalia see post justice kennedy see post express regard historical understanding forfeiture punishment appear stem misunderstanding relevant question halper question whether forfeiture serves part punish one need exclude possibility forfeiture serves purposes reach conclusion although omits reference legislative history brief present case quoted passage approval brief parcel rumson land rumson see brief pp halper focused whether sanction applied individual case serves goals punishment case however makes sense focus whole halper involved small provision ordinary case said make government whole value conveyances real property forfeitable hand vary dramatically relationship government actual costs amount sanction merely coincidental see ward furthermore seen forfeiture statutes historically understood serving simply remedial goals also punishment deterrence finally appears make little practical difference whether excessive fines clause applies forfeitures characterized purely remedial clause prohibits imposition excessive fines fine serves purely remedial purposes considered excessive event justice scalia suggests sole measure rem forfeiture excessiveness relationship forfeited property offense see post rule possibility connection property offense may relevant decision today way limits appeals considering factors determining whether forfeiture austin property excessive justice scalia concurring part concurring judgment recently stated time eighth amendment drafted term fine understood mean payment sovereign punishment offense industries kelco disposal seems opinion obscures clear statement needlessly attempts derive sparse case law subject rem forfeiture questionable proposition owner property taken pursuant forfeiture always blameworthy write separately explain consider forfeiture fine point excessiveness inquiry statutory rem forfeitures different usual excessiveness inquiry whether sort forfeiture property may covered eighth amendment difficult question forfeiture fine appeared one many definitions various dictionaries see ante payment word used synonym fine certainly includes assessments webster new international dictionary ed defining payment hat paid thing given discharge debt obligation moreover eighth amendment limit cash fines permitting limitless assessments make little sense altering form star chamber abuses led provision english bill rights excessive fines clause directly derives see supra cf harmelin michigan opinion scalia alexander ante today held personam criminal forfeiture eighth amendment fine order constitute fine eighth amendment however forfeiture must constitute punishment much closer question whether statutory rem forfeitures opposed personam forfeitures meet requirement latter assessments whether monetary kind punish property owner criminal conduct former confiscations property rights based improper use property regardless whether owner violated law statutory rem forfeitures long history see generally pearson yacht leasing property apply contraband see forfeiture act passed first congress ante necessarily property used illegal purposes theory rem forfeiture said lawful property committed offense see palmyra wheat forfeiture vessel piracy harmony forfeiture vessel cargo piracy dobbins distillery forfeiture distillery real property evasion revenue laws goldsmith forfeiture goods concealed avoid taxes however theory may expressed seems taking lawful property must considered whole part see halper punitive purpose compensatory make someone whole injury caused unlawful use property see ibid punishment imposed whether one quaintly considers object property realistically regards object property owner conclusion supported blackstone observation even confiscation deodand whose religious origin supposedly reflect punitive motive expiation see law deodands law mag came explained part reference owner well offending property blackstone commentaries accord law deodands supra cases described statutory rem forfeiture likely product confluence merger deodand tradition belief right property denied wrongdoer supra apparently believes however actual culpability affected property owner establish forfeiture provision punitive sets establish part iii culpability exists case rem forfeitures view however case law far ambiguous acknowledges never held constitution requires negligence degree culpability support forfeitures see ante supra reserving question supra prominent treatise explains statutory rem forfeitures solely reference fiction property guilty strictly separating forfeitures require personal offense owner see bishop commentaries criminal law ed correct culpability owner essential difference except perhaps burden proof traditional rem forfeiture traditional personam forfeiture common law distinctions swept away reliance bits dicta moreover degree personal culpability part property owner always exists rem forfeitures see ante hard understand kept reserving therefore academic question whether personal culpability constitutionally required see ante today see ante reserved question without engaging misleading discussion culpability even punishment personal culpability necessary forfeiture fine even rem forfeitures general punish personal culpability rem forfeiture case fine discusses part iv statute contrast traditional rem forfeiture requires owner innocent degree culpability guilty property see also parcel rumson land plurality opinion contrasting drug forfeiture statute traditional statutory rem forfeitures property must offend owner must completely without fault consideration compensating loss since value property irrelevant whether forfeited enough satisfy standard make entire discussion part iii dictum statutory forfeitures certainly payment kind sovereign punishment offense ii forfeiture works fine raises excessiveness issue remands agree remand order think worth pointing remand excessiveness analysis must different applicable monetary fines perhaps personam forfeitures case monetary fine eighth amendment origins english bill rights intended limit abusive penalties assessed king opponents see demonstrate touchstone value fine relation offense alexander indicated true personam forfeiture ante however offense petitioner convicted relevant forfeiture section requires government show probable cause subject property used prohibited purpose burden shifts property owner show preponderance evidence use made without knowledge consent willful blindness see also property used see incorporating unlike monetary fines statutory rem forfeitures traditionally fixed determining appropriate value penalty relation committed offense determining property tainted unlawful use issue value property irrelevant scales used measure unlawful drug sales example confiscable whether made purest gold basest metal rem forfeiture goes beyond traditional limits eighth amendment permits applies property properly regarded instrumentality offense building example isolated drug sale happens occur confiscation excessive fine question much confiscated property worth whether confiscated property close enough relationship offense inquiry statutory forfeitures common law parallels even case deodands juries careful confiscate instrument death thus man killed moving cart cart horses deodands man died fell wheel immobile cart wheel treated deodand since wheel regarded cause death hale pleas crown blackstone commentaries law deodands law cases suggest similar instrumentality inquiry considering permissible scope statutory forfeiture cf harmony ship used piracy forfeited cargo relevant inquiry excessive forfeiture relationship property offense close enough render property traditional standards guilty hence forfeitable join opinion part concur judgment thus contrary contention ante agree point agree however culpability property owner necessary establish punitiveness punitiveness part established showing least cases affected property owners culpable say statutory forfeiture must always least partly punitive else fine see ante justice kennedy chief justice justice thomas join concurring part concurring judgment substantial agreement part justice scalia opinion concurring part concurring judgment share justice scalia belief part iii opinion quite unnecessary decision case fails support argument seems rather doubtful well recounting law history risk anachronism attribute earlier time intent employ legal concepts yet evolved see something opinion eagerness discover unified theory forfeitures recites consistent rationale personal punishment neither cases narratives common law suggest many reasons explained justice scalia convinced rem forfeitures account owner blameworthy conduct impositions rem forfeiture may designed either remove property causing injury see harmony give jurisdiction asset control order make injured parties whole see republic nat bank miami point may confront constitutional question whether forfeiture permitted owner committed wrong sort intentional negligent raise serious question though history forfeiture laws might determinative issue important bearing outcome reserve necessary occasion inquiry undertakes unlike justice scalia see ante also reserve question whether rem forfeitures always amount intended punishment owner forfeited property observations concur part concur judgment