· 2/4/1982
Commonwealth v. One 1972 Chevrolet Van
Citations
- 431 N.E.2d 209
- 385 Mass. 198
- 1982 Mass. LEXIS 1265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “it appears jury trials were provided in forfeiture cases at the time the Constitution of the Commonwealth was adopted.”
- While a forfeiture is both punitive and remedial, it is a deprivation of property under Art. XII and, therefore, a jury trial must be afforded
- right to jury trial existed at common law and preserved by state constitution
- “[forfeiture is punitive because it results in total loss of the property”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Abrams, Nolan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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