seven factors in Pennsylvania

2021Art. 1, § 11. 7 The seven factors set forth in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), examine whether the at-issue sanction: (1) involves an affirmative disability or restraint; (2) has historically been regarded as a punishment; (3) comes into play only on a finding of scienter; (4) will promote the traditional aims of punishment—retribution and deterrence; (5) applies to behavior that is already a crime; (6) has an alternative purpose that is rationally connected and assignable to it, and (7) appears excessive in relation to the alternative purpose assigned. 8 “Any fact th

2021Art. 1, § 11. 7 The seven factors set forth in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), examine whether the at-issue sanction: (1) involves an affirmative disability or restraint; (2) has historically been regarded as a punishment; (3) comes into play only on a finding of scienter; (4) will promote the traditional aims of punishment—retribution and deterrence; (5) applies to behavior that is already a crime; (6) has an alternative purpose that is rationally connected and assignable to it, and (7) appears excessive in relation to the alternative purpose assigned. 8 “Any fact th

2017The principle that “no one [Mendoza-Martinez] factor should be considered controlling,” Hudson, 522 U.S. at 101 , 118 S.Ct. 488 , does not mean that the Mendoza-Martinez framework is an exercise in arithmetic, or that at least two of the seven factors must be present before a law can be deemed punitive.

2017The principle that “no one [Mendoza-Martinez] factor should be considered controlling,” Hudson, 522 U.S. at 101 , 118 S.Ct. 488 , does not mean that the Mendoza-Martinez framework is an exercise in arithmetic, or that at least two of the seven factors must be present before a law can be deemed punitive.

2017In this regard, the Court has emphasized that the seven factors “are all relevant to the inquiry,” that they are “neither exhaustive nor dis-positive,” and that they are “useful guideposts.” Mend oza-Martinez, 372 U.S. at 169 , 83 S.Ct. 554 ; Ward, 448 U.S. at 249 , 100 S.Ct. 2636 ; Smith, 538 U.S. at 97 , 123 S.Ct. 1140 ; see Erin Murphy, Paradigms of Restraint, 51 DUKE L.J. 1321, 1349 (2008) (observing that Smith’s second prong “is not applied according to any precise mathematical formulation, ... and at various times the courts have emphasized particular factors over others.”).

2017In this regard, the Court has emphasized that the seven factors “are all relevant to the inquiry,” that they are “neither exhaustive nor dis-positive,” and that they are “useful guideposts.” Mend oza-Martinez, 372 U.S. at 169 , 83 S.Ct. 554 ; Ward, 448 U.S. at 249 , 100 S.Ct. 2636 ; Smith, 538 U.S. at 97 , 123 S.Ct. 1140 ; see Erin Murphy, Paradigms of Restraint, 51 DUKE L.J. 1321, 1349 (2008) (observing that Smith’s second prong “is not applied according to any precise mathematical formulation, ... and at various times the courts have emphasized particular factors over others.”).

2020It read our decision as providing that all SORNA registration requirements “are now deemed to be punitive and part of the criminal punishment imposed upon a convicted defendant.” Butler I, 173 A.3d at 1215 .

2020To determine actual intent the Court looked at §6401 of Act 21 and concluded "the General Assembly's intent in promulgating Act 21 was not to punish sexually violent delinquent children, but rather, to establish civil commitment procedures designed to 9 provide necessary treatment to such children and to protect the public from danger." In re S.A., 925 A.2d at 843 .

2020The Commonwealth contends that an application of the two-step analysis, addressing (1) the intent of the legislature and (2) the seven factors articulated in Kennedy v. Mendoza-Martinez, 372 U.S. ____________________________________________ 7The Commonwealth also notes that “this Court may conclude that [A]ppellant should receive the benefit of the [Commonwealth v. Moore, 222 A.3d 16 (Pa. Super. 2019)] decision upon his registration as a sex offender under Subchapter I of SORNA II.” Commonwealth’s Brief at 13.

2020The PCRA court found, however, that it could not direct Appellant’s registration under Megan’s Law III because that legislation had been invalidated by Commonwealth v. Neiman, 84 A.3d 603 ____________________________________________ 3 The factors enumerated in Mendoza-Martinez include: (1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as punishment; (3) whether it comes into play only on a finding of scienter; (4) whether its operation will promote the traditional aims of punishment—retribution and deterrence; (5) whether th

2015Williams II, 574 Pa. at 505 , 832 A.2d at 973 (citing Mendoza-Martinez, 372 U.S. at 168-169 ); Coppolino, 102 A.3d at 1264 .

2014Shingara v. Skiles, 420 F.3d 301, 306 (3d Cir.2005), citing Pansy, supra at 787-791 .

2014Briseno, 135 S.W.3d at 8-9 .

2004“In determining fairness and efficiency, the court must balance the interests of the litigants, present and absent, and of the court system.” Janicik , 305 Pa. Super, at 141, 451 A.2d at 461 . (citations omitted) The court determines that certifying the action as a class action is fair and efficient based on the seven factors analyzed below.

2002The Settlement Satisfies the Seven Factors That Pennsylvania Courts Must Consider When Evaluating Proposed Class Action Settlements In Dauphin II, the Pennsylvania Supreme Court held that the following seven factors should be considered when evaluating the propriety of a proposed class action settlement: “(1) the risks of establishing liability and damages; “(2) the range of reasonableness of the settlement in light of the best possible recovery; “(3) the range of reasonableness of the settlement in light of all the attendant risks of litigation; “(4) the complexity, expense and likely duratio

2002The Settlement Satisfies the Seven Factors That Pennsylvania Courts Must Consider When Evaluating Proposed Class Action Settlements In Dauphin II, the Pennsylvania Supreme Court held that the following seven factors should be considered when evaluating the propriety of a proposed class action settlement: “(1) the risks of establishing liability and damages; “(2) the range of reasonableness of the settlement in light of the best possible recovery; “(3) the range of reasonableness of the settlement in light of all the attendant risks of litigation; “(4) the complexity, expense and likely duratio

2002The Settlement Satisfies the Seven Factors That Pennsylvania Courts Must Consider When Evaluating Proposed Class Action Settlements In Dauphin II, the Pennsylvania Supreme Court held that the following seven factors should be considered when evaluating the propriety of a proposed class action settlement: “(1) the risks of establishing liability and damages; “(2) the range of reasonableness of the settlement in light of the best possible recovery; “(3) the range of reasonableness of the settlement in light of all the attendant risks of litigation; “(4) the complexity, expense and likely duratio

2002The Settlement Satisfies the Seven Factors That Pennsylvania Courts Must Consider When Evaluating Proposed Class Action Settlements In Dauphin II, the Pennsylvania Supreme Court held that the following seven factors should be considered when evaluating the propriety of a proposed class action settlement: “(1) the risks of establishing liability and damages; “(2) the range of reasonableness of the settlement in light of the best possible recovery; “(3) the range of reasonableness of the settlement in light of all the attendant risks of litigation; “(4) the complexity, expense and likely duratio

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 *605 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).

1994The Majority quotes and then applies the seven factors set forth in Commonwealth v. Williams, 483 Pa. 293 , 396 A.2d 1177 , cert. denied, 446 U.S. 912 , 100 S.Ct. 1843 , 64 *605 L.Ed.2d 266 (1980) and in Commonwealth v. Wagner, 486 Pa. 548 , 406 A.2d 1026 (1979), overruled, Commonwealth v. Miller, 490 Pa. 457 , 417 A.2d 128 (1980).