NCJ Number
145722
Journal
Crime to Court: Police Officer's Handbook Dated: (September 1993) Pages: complete issue
Date Published
1993
Length
17 pages
Annotation
This police legal handbook discusses legal parameters for the application of asset forfeiture law and for the use of multidisciplinary teams in the investigation of child abuse cases.
Abstract
In Austin v. United States (1993), the U.S. Supreme Court examined whether property forfeiture can be constitutionally excessive. The defendant claimed in the forfeiture proceedings before a Federal trial judge that forfeiture of so much of his property amounted to an excessive "fine" under the Eighth Amendment. The U.S. Supreme Court concluded that forfeiture is "payment to a sovereign as punishment for some offense," and, as such, is subject to the limitations of the Eighth Amendment's Excessive Fines Clause. The Court, however, refused to establish a multifactor test for determining whether a forfeiture is constitutionally excessive, since the Court of Appeals in the case did not address this matter. The U.S. Supreme Court reversed the Court of Appeals and remanded the case to that court for further proceedings consistent with the Supreme Court's opinion. In the handbook's "Legal Commentary," the legal issues reported pertain to the recording of a conversation with a suspect, punitive damages as excessive fines, rights that apply only to criminal cases, forfeitures in early English and American law, the innocence of the property owner in forfeiture cases, and factors to consider in forfeiture cases. The discussion of the use of multidisciplinary teams in the investigation of child abuse cases advises that such teams are important for addressing all issues and needs in such cases.