US SUPREME COURT DECISIONS

While, in strictly criminal prosecutions, the jury may not return a verdict against the defendant unless the evidence establishes his guilt beyond a reasonable doubt, in civil actions, it is the duty of the jury to resolve the issues of fact according to the reasonable preponderance of the evidence, and this although they may involve a penalized or criminal act.

In an action brought by the United States under § 5 of the Alien Immigration Act of February 20, 1907, c. 1134, 34 Stat. 898, to recover the prescribed pecuniary penalty for an alleged violation of § 4 of the act, it is not essential to a recovery by the government that the evidence establish the violation beyond a reasonable doubt, as in a criminal case, but a reasonable preponderance of proof is sufficient.

203 F.4d 3 reversed.

The facts, which involve the construction of the penalty provisions of the Alien Immigration Act of 1907, are stated in the opinion. chanrobles.com-red

Page 232 U. S. 40