Boss v. State

The majority concedes “the facts that underlie the ordinance violations also give rise to the criminal charges,” op. at 24, but finds Boss was not subjected to double jeopardy because “imposition of a civil fine and a criminal sanction for the same transgression is permissible.” Id. at 22. I cannot find fault with the majority’s methodical analysis of the Mendoza-Martinez factors, especially in light of the Hudson statement that only the clearest proof will suffice to “override legislative intent and transform what has been denominated a civil remedy into a criminal penalty.” 522 U.S. at 100,…