Forfeiture serves both punishment and health-protective prevention

Evidence

While forfeiture can be merely a mode of punishing and thus deterring unlawful conduct, it can, and in the Food and Drug Act, does, serve a second and preventive purpose. If food or drugs are in such condition that they constitute a threat to health, there should be official power to make a summary seizure of the goods in order to prevent their reaching the consuming public. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1135

Categorization

• DEFINE: Distinguishes forfeiture/seizure’s two distinct functions: deterrence vs. summary prevention of harm.
• XREF: connects to: Summary multiple-seizure power can destroy a business without prior adjudication — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1137; Punishment’s severity must aim at future prevention, not past harm — Michel Foucault, Discipline & Punish- The Birth of the…, 152; Criminal justice marks, prevents, and punishes wrong conduct in sequence — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 783 (+1 more)

Broader Connections

• Punishment’s severity must aim at future prevention, not past harm #expands (0.85) — Michel Foucault, Discipline & Punish- The Birth of the…, 152
• Criminal justice marks, prevents, and punishes wrong conduct in sequence #expands (0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 783