男子因运输未开封六罐装啤酒而面临没收价值 9.5 万美元飞机的风险,现已向美国最高法院提起上诉。
Man At Risk Of Losing $95,000 Plane For Transporting Unopened Six Pack Of Beer Takes His Case To SCOTUS

原始链接: https://www.zerohedge.com/markets/man-risk-losing-95000-plane-transporting-unopened-six-pack-beer-takes-his-case-scotus

美国最高法院即将审理“朱皮诉阿拉斯加州案”(*Jouppi v. Alaska*),该案对一起涉及9.5万美元飞机没收案的合宪性提出了质疑。2012年,包机飞行员肯·朱皮(Ken Jouppi)因向一个“禁酒”社区运输72罐啤酒而被判轻罪。除被处以1500美元罚款及三天监禁外,州政府还扣押了他的飞机。 在卡托研究所(Cato Institute)的支持下,朱皮主张此次没收行为违反了宪法第八修正案中关于禁止“过分罚款”的规定。他认为,没收一项价值相当于其刑事罚款60倍的资产与罪行严重程度不相称。他援引了“美国诉巴贾卡扬案”(*United States v. Bajakajian*)的判例,该判例旨在防止针对相对轻微的违法行为实施会毁掉被告生计的惩罚。 此案为最高法院提供了一个重要契机,以厘清第八修正案如何适用于财产没收。法院还可能讨论在分析“过分罚款”时是否应考虑被告的经济状况,以避免因同样的没收行为对不同财富水平的人造成不公平影响。若法院判决朱皮胜诉,可能会为政府强制没收行为设定更严格的标准,从而界定何时该行为会从常规惩罚越界为违宪的过度扩张。

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原文

The Supreme Court will consider whether Alaska went too far when it confiscated a pilot's $95,000 airplane over an attempt to bring beer into a dry community, according to Yahoo News.

The case dates to 2012, when longtime Alaska charter pilot Ken Jouppi agreed to fly a passenger from Fairbanks to Beaver, where alcohol was prohibited. The passenger had 72 cans of beer in her luggage. Most were boxed, but a six-pack was visible in a grocery bag.

Troopers found the alcohol before takeoff. Jouppi was convicted of a misdemeanor after a court determined he had been willfully blind to the beer. He received three days in jail and a $1,500 fine, but Alaska law also required forfeiture of his airplane, worth about $95,000.

The Alaska Supreme Court upheld the seizure, reasoning in part that illegal alcohol imports contribute to the broader problems caused by drinking in rural communities. The U.S. Supreme Court agreed to review the decision and will hear arguments in Jouppi v. Alaska on December 1.

Yahoo writes that the Cato Institute, backing Jouppi, argues that the state's approach gives too little weight to what Jouppi himself actually did and how severe the punishment was relative to his offense. Its brief points to a legal tradition stretching back to the Magna Carta, which held that punishment for a "trivial offence" should reflect the seriousness of the conduct and should not be so large as to destroy someone's livelihood.

Cato also cites the Supreme Court's 1998 ruling in United States v. Bajakajian. There, the Court rejected the forfeiture of $357,144 from a man who failed to report that he was carrying the money overseas. The money was legally obtained, the offense caused little direct harm and the Court found the forfeiture excessive.

Jouppi, now 83 and an Air Force veteran with no prior criminal record, argues the same principle applies to his case. His airplane was worth more than 60 times the criminal fine he actually received.

The case could also determine whether a person's financial circumstances should factor into an excessive-fines analysis. As Justice Clarence Thomas wrote in a separate 2019 forfeiture case, treating identical property seizures as equal punishment would create a fiction "that taking away the same piece of property from a billionaire and from someone who owns nothing else punishes each person equally."

A ruling for Jouppi could give courts clearer guidance on when property forfeitures cross the Eighth Amendment's line from punishment into an excessive fine.

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