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14 Duke J. Const. L. & Pub. Pol'y Sidebar 1 (2019)

handle is hein.journals/dukjppsid14 and id is 1 raw text is: TIMBS V. INDIANA: THE CONSTITUTIONALITY OF CIVIL FORFEITURE WHEN USED BY STATES KRIS FERNANDEZ* INTRODUCTION Civil forfeiture, the seizure of property associated with the commission of a crime, has long been used as a tool by Congress.' In theory, forfeiture should help deter crime and dismantle criminal organizations by attacking their financial assets. However, some criticize the seizure of valuable assets from those who have not committed serious crimes.2 In Timbs v. Indiana, Petitioner Tyson Timbs asks the Supreme Court to incorporate the Excessive Fines Clause of the Eighth Amendment against the states, providing extra protection for individuals against fines and forfeiture that are grossly disproportionate to the harm caused.3 The decision to incorporate the Excessive Fines Clause and the guidelines for applying that incorporation would have a substantial effect on governments, which often rely on the revenue gained from forfeiture. This commentary argues that the Supreme Court of the United States should incorporate the Excessive Fines Clause based on historical support of an individual's right to be free from excessive fines. Further, the Supreme Court should reaffirm its guidelines as described in Bajakajian, which weigh the harm caused, the maximum fines that could be levied against the defendant, and whether or not the defendant is meant to be targeted by the statute. These guidelines Copyright 02019 Kris Fernandez. *J.D. Candidate, Duke University School of Law, Class of 2020. 1. Austin v. United States, 509 U.S. 602, 613 (1993). 2. Brief of Amicus Curiae Foundation for Moral Law in Support of Petitioners at 15-16, Timbs v. Indiana, No. 17-1091 (Sept. 11, 2018). 3. Brief for Petitioners at 7, Timbs v. Indiana, No. 17-1091 (Sept. 4, 2018) [hereinafter Brief for Petitioner]. 4. United States v. Bajakajian, 524 U.S. 321, 337-39 (1998).

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