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City of Chattanooga v. Davis9/4/2001
U.S. 602, 610 (1993) (citations and quotations omitted). Moreover, O'Dell's rationale has been substantially, if not entirely, abrogated by our recognition that civil proceedings may impose sanctions that are "so punitive in form and effect" as to trigger constitutional protections. See Stuart v. State Dept. of Safety, 963 S.W.2d 28, 33 (Tenn. 1998). Indeed, in the specific context of a "civil" proceeding for a municipal ordinance violation, this Court has held that the imposition of a pecuniary sanction triggers the protections of the double jeopardy clause to prevent a second "punishment" in the state courts for the same offense. See Miles, 524 S.W.2d at 660 ("We hold that the imposition of a fine is punishment." (emphasis in original)).
When examined in this light, it is clear that O'Dell does not represent an accurate statement of the law regarding application of the Fifty-Dollar Fines Clause. Therefore, to the extent that O'Dell compels the conclusion that proceedings involving municipal ordinance violations are outside the scope of Article VI, section 14, it is expressly overruled. Because Article VI, section 14 is concerned with the punitive purpose or effect of the sanctions imposed, the proper inquiry must be whether, despite the primary character of the proceeding, the purpose or effect of the monetary assessment is to further the goals of punishment. Accordingly, when analyzing issues touching upon the protections of Article VI, section 14, we will favor the substance of the sanction over its form, and we will not permit the language used to describe the particular sanction to govern the constitutional analysis. See State v. Martin, 940 S.W.2d 567, 570 (Tenn. 1997). We also recognize that a "fine" within the meaning of Article VI, section 14 may be imposed in a proceeding that has been traditionally considered to be civil in nature, and although the nature of the proceeding in which the assessment is imposed may be relevant to some aspects of the inquiry, it cannot simply be the sole or determinative factor.
C. PROPER TEST TO DETERMINE WHETHER ARTICLE VI, SECTION 14 APPLIES TO A MONETARY ASSESSMENT
Because Article VI, section 14 applies to proceedings involving the violation of a municipal ordinance when the monetary sanction serves punitive goals, we must provide guidance as to how to properly determine the character of the assessment itself. From the outset, we acknowledge that only the rare case will admit of simple resolution, and these two cases in particular illustrate well the candid observation proffered by one scholar that " criminal fine and a civil fine do not, by the very act of their imposition, distinguish themselves." Indeed, although distinguishing between punitive and non-punitive measures may have been a comparatively simple task in 1796, it has since become an increasingly complex undertaking. As the rise of the modern administrative state has obscured the line separating criminal and civil sanctions, many sanctions have become admittedly difficult to characterize as being in one class or the other. For example, many "civil" sanctions today seem designed, at least in part, to further some goals of punishment, and strict-liability criminal offenses aimed at protecting the public welfare are often cloaked with trappings that are traditionally associated with civil law. Nevertheless, despite the rigor and asperity of the task involved, Article VI, section 14 still commands that such a distinction be made.
Excessive-fines Analysis
In order to determine the proper character of any monetary assessment, both Davis and Barrett have urged this Court to adopt an analysis similar to that used to determine whether a "fine" is excessive
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