A government-recoverable penalty distinguishes a penal statute from a private forfeiture

Evidence

Nor is this penalty a mere forfeiture for the benefit of the party aggrieved or injured. It is a penalty prescribed by the statute, and recoverable by the government. It is, therefore, under every definition of the term, a penal statute. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 991

Categorization

• DEFINE: Defines ‘penal statute’ by the penalty flowing to the government rather than the injured party — a useful doctrinal marker.
• XREF: connects to: Penal statutes are strictly construed in favor of the accused — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1055; Government-inflicted harm warrants a higher-order remedy than private harm; Crime can be redefined as tort requiring repair rather than retribution (+1 more)

Broader Connections

• Crime can be redefined as tort requiring repair rather than retribution #complicates (0.85)
• Government-inflicted harm warrants a higher-order remedy than private harm #expands (0.80)
• Penalties target the inmate’s transformation, not the exchange value of the crime #expands (0.80) — Michel Foucault, Discipline & Punish- The Birth of the…, 374