Which amendment governs excessive fines in forfeiture?

• A. Fourth
• B. Fifth
• C. Eighth
• D. Sixth

Answer: (C)

Excessive Fines Clause of the Eighth Amendment is the one that limits penalties in forfeiture. It forbids fines that are grossly disproportionate to the offense. In asset forfeiture, even though the government seeks to seize property tied to alleged wrongdoing, the penalty cannot be excessive relative to the offense and the property's value. The Supreme Court has made clear this protection applies to state actions through incorporation via the Fourteenth Amendment, so it governs forfeiture actions in civil cases as well. Courts look at proportionality—how the fine or forfeiture compares to the offense, the owner's wealth, and the property's value—and may strike down an excessive forfeiture.