This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, the guilty property fiction must be discarded.
Robin M. Sackett,
The Impact of Austin v. United States: Extending Constitutional Protections to Claimants In Civil Forfeiture Proceedings, 24 Golden Gate U. L. Rev.