A criminal defendant’s age, health and financial condition can be considered when determining whether a forfeiture order is unconstitutionally excessive, a federal appeals court ruled Wednesday.
The U.S. Court of Appeals for the Second Circuit said a sentencing judge can take those factors into account when deciding whether forfeiture would deprive a defendant of his future ability to make a living—and thus whether the Eighth Amendment’s Excessive Fines Clause was violated.
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