discussed Cited "see, e.g." People v. McVickers See also Flemming v. Nestor (1960) 363 U.S. 603, 615-616 [ 4 L.Ed.2d 1435, 1446-1447 , 80 S.Ct. 136 ].) Kennedy v. Mendoza-Martinez (1963) 372 U.S. 144, 168-169 [ 9 L.Ed.2d 644, 660-661 , 83 S.Ct. 554 ], considered several factors to determine whether or not a law was punitive: “Whether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as a punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment—retribution and deterrence, whether the behavior to which i…