Defendants in civil actions under 18 U.S.C. § 35(a) are
entitled
to trials by jury. SeeHepner v. United States, 213 U.S. 103,
115
(1909) (dictum); Orenstein v. United States, 191 F.2d 184 (1st
Cir.1951).
However, where undisputed testimony in a civil penalty case establishes that
the
defendant committed the offense, the court may direct a verdict in the
government's favor. SeeHepner, supra, at 105-15;
cf.United States v. Grannis, 172 F.2d 507, 513 (4th
Cir.1949).
The same rule will operate on behalf of the defendant where the testimony
clearly
absolves him/her of the charge. SeeHepner, supra, at
112
(dictum). If the jury returns a verdict for the government, the judge will
fix
the amount of the penalty. SeeMissouri, K. & T. Ry. v. United
States, 231 U.S. 112, 119-20 (1913) (penalty as "deterrent not
compensation"). For a discussion of some constitutional considerations that
may
be involved in civil penalty cases, seeKennedy v.
Mendoza-Martinez, 372 U.S. 144, 167-70 (1963).