Hudson v. United States
| Hudson v. United States | |
|---|---|
| Decided December 10, 1997 | |
| Full case name | Hudson v. United States |
| Citations | 522 U.S. 93 (more) |
| Holding | |
| The government may levy a remedial civil penalty after a criminal punishment without violating the Double Jeopardy Clause's prohibition on multiple punishments. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist |
| Concurrence | Scalia |
| Concurrence | Stevens (in judgment) |
| Concurrence | Souter (in judgment) |
| Concurrence | Breyer (in judgment), joined by Ginsburg |
| Laws applied | |
| Double Jeopardy Clause | |
Hudson v. United States, 522 U.S. 93 (1997), was a United States Supreme Court case in which the court held that the government may levy a remedial civil penalty after a criminal punishment without violating the Double Jeopardy Clause's prohibition on multiple punishments. Penalty, here, is distinct from punishment. The Double Jeopardy Clause prevents multiple punishments; i.e., the clause would be activated if the penalty was actually punishment. A penalty might actually be punishment if it was intended to be punishment or if it was punishment in effect, based on the text of the statute rather than what occurred in a particular case.