CONSTITUTIONAL LAW - FORFEITURE STATUTE VIOLATES DUE PROCESS AND JUST COMPENSATION GUARANTEES

• NCJ Number: 12716
• Journal: Texas Law Review Volume: 51 Issue: 7 Dated: (NOVEMBER 1973) Pages: 1411-1420
• Author(s): ANON
• Date Published: 1973
• Length: 10 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CRITIQUE OF THE REASONING OF A 1973 FEDERAL CASE AND SOME SUGGESTIONS FOR ALTERNATIVE MEANS OF CONSTITUTIONAL ANALYSIS.

Abstract

THE COMMONWEALTH OF PUERTO RICO SEIZED A PLEASURE YACHT ON WHICH MARIHUANA HAD BEEN DISCOVERED. PURSUANT TO STATUTORY PROCEDURES, THE SUPERINTENDENT OF POLICE NOTIFIED THE YACHT'S OCCUPANT, ITS APPARENT OWNER. ONLY AFTER THE STATUTORY PERIOD FOR CONTESTING THE FORFEITURE HAD UNEVENTFULLY EXPIRED AND FORFEITURE TO THE COMMONWEALTH HAD BEEN DECLARED DID THE OWNER, PEARSON, APPEAR. HE HAD LEASED THE VESSEL TO THE OCCUPANT AND HAD NOT LEARNED OF THE VIOLATION, SEIZURE, AND FORFEITURE UNTIL ITS LESSEE HAD DEFAULTED ON THE RENT. A THREE-JUDGE COURT GRANTED THE OWNER PERMANENT INJUNCTIVE RELIEF, HOLDING THAT THE STATUTE BARRED OWNERS FROM ASSERTING THE AFFIRMATIVE DEFENSE OF INNOCENCE, AND THUS TOOK THEIR PROPERTY FOR PUBLIC USE WITHOUT JUST COMPENSATION. THE COURT FURTHER HELD THAT THE STATUTE ON ITS FACE VIOLATED DUE PROCESS, BECAUSE IT PERMITTED PREHEARING, PREJUDGMENT SEIZURE. THE AUTHOR SUGGESTS THAT THE GENUINE CONSTITUTIONAL ISSUE CONCERNS THE POWER OF A LEGISLATURE TO DEFINE THE CONDUCT IT WILL PUNISH AND TO SET THE MEASURE OF PUNISHMENT. THE GRAVAMEN OF THE COMPLAINT LIES IN THE DISPROPORTION BETWEEN THE PENALTY AND THE FAULT-IN PEARSON'S CASE, THE MERE FAILURE TO EXERCISE SUPERHUMAN CARE IN SUPERVISING PROPERTY USED WITHOUT HIS KNOWLEDGE TO COMMIT CRIME. FROM THIS PERSPECTIVE, FORFEITURE MIGHT QUALIFY AS AN EXCESSIVE FINE, EXPRESSLY PROHIBITED BY THE EIGHTH AMENDMENT. ANOTHER APPROACH FOCUSES ON A CONCERN WITH MENS REA--A TRADITIONAL PREREQUISITE TO IMPOSITION OF THE CRIMINAL SANCTION. TO THE EXTENT THAT THE PUERTO RICAN COURTS HAVE ESTABLISHED THAT THE OWNER'S INNOCENCE IS NO DEFENSE TO FORFEITURE UNDER THEIR STATUTE, PEARSON PRESENTS AN OPPORTUNITY TO ASCERTAIN THE EXTENT TO WHICH MENS REA IS A CONSTITUTIONAL REQUIREMENT. (AUTHOR ABSTRACT)