Claimant-Respondent seeks the upholding of the Court of Appeals' affirmation of the Yamhill County Circuit Court's finding that civil forfeiture in Oregon constitutes criminal punishment for the purposes of Double Jeopardy under the Fifth Amendment due to its punitive nature.
Officials who testified at depositions in civil case did not waive Fifth Amendment privilege at trial in same case.
Defendants imposed jail sanction on plaintiff on probation assigned to sex offender treatment program for refusing to admit guilt of sexual misconduct for which he had been convicted while appeal was pending; court holds plaintiff had no cause of action for violation of Fifth Amendment right to remain silent because he did not make an incriminating statement, nor was one used against him in a criminal case; officials’ actions did not violate core Fifth Amendment right, but only judge-made prophylactic rule shielding individuals from government compulsion to make incriminating statements, an