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Excessive Fines, Forfeiture
"If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit."
Book of Exodus
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United States

v.

Hosep Krikor Bajakajian
Excessive Fines, Forfeiture

Justice Thomas Opinion
June 22, 1998
Seal Of The Supreme Court
Excerpt:

Respondent Hosep Bajakajian attempted to leave the United States without reporting, as required by federal law, that he was transporting more than $10,000 in currency. Federal law also provides that a person convicted of willfully violating this reporting requirement shall forfeit to the government "any property ... involved in such offense." The question in this case is whether forfeiture of the entire $357,144 that respondent failed to declare would violate the Excessive Fines Clause of the Eighth Amendment. We hold that it would, because full forfeiture of respondent's currency would be grossly disproportional to the gravity of his offense. ...Government relies upon a series of cases involving traditional civil in rem forfeitures that are inapposite because such forfeitures were historically considered nonpunitive.

...The theory behind such forfeitures was the fiction that the action was directed against "guilty property," rather than against the offender himself. (5)


Footnote 5:
The Holy Bible
The Holy Bible
...The "guilty property" theory behind in rem forfeiture can be traced to the Bible, which describes property being sacrificed to God as a means of atoning for an offense. See Exodus 21:28. In medieval Europe and at common law, this concept evolved into the law of deodand, in which offending property was condemned and confiscated by the church or the Crown in remediation for the harm it had caused.


Text Excerpt:


The Bible
Exodus 21:28-32 (King James Version)

28 If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit.

29 But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.

30 If there be laid on him a sum of money, then he shall give for the ransom of his life whatsoever is laid upon him.

31 Whether he have gored a son, or have gored a daughter, according to this judgment shall it be done unto him.

32 If the ox shall push a manservant or a maidservant; he shall give unto their master thirty shekels of silver, and the ox shall be stoned.


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