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Coffey v. Harlan County, 204 U.S. 659 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Coffey v. Harlan County, 204 U.S. 659 (1907)
Coffey v. Harlan County No. 177 Argued January 24, 1907 Decided February 25, 1907 204 U.S. 659
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE DISTRICT OF NEBRASKA
Syllabus
The power of the state to enact laws creating and defining crimes against its sovereignty, regulating procedure in the trial of those charged with committing them, and prescribing the character of the sentence of those found guilty is absolute and without limits other than those prescribed by the Constitution of the United States.
The statute of Nebraska providing that one embezzling public money shall be imprisoned and pay a fine equal to double the amount embezzled, which shall operate as a judgment for the use of the persons whose money was embezzled, is not unconstitutional as depriving the person convicted of embezzlement of his property without due process of law because it provides for such judgment irrespective of whether restitution has been made or not.
In such a case the fine is a part of the punishment, and it is immaterial whether it is called a penalty or a civil judgment, and the only question on which defendant can be heard is as to the fact and amount of the embezzlement, and if he has an opportunity to be heard as to that, he is not denied due process of law.
The facts are stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Coffey v. Harlan County, 204 U.S. 659 (1907) in 204 U.S. 659 204 U.S. 661. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=EL1GG7TJA51I4YH.
MLA:
U.S. Supreme Court. "Syllabus." Coffey v. Harlan County, 204 U.S. 659 (1907), in 204 U.S. 659, page 204 U.S. 661. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=EL1GG7TJA51I4YH.
Harvard:
U.S. Supreme Court, 'Syllabus' in Coffey v. Harlan County, 204 U.S. 659 (1907). cited in 1907, 204 U.S. 659, pp.204 U.S. 661. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=EL1GG7TJA51I4YH.
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