In Kennedy v. Mendoza-Martinez (1963) 372 U.S. 144, the United States Supreme Court confronted whether statutes automatically divesting an American of citizenship for leaving or remaining outside the United States at time of war and national emergency for the purpose of evading military service were unconstitutional in that those statutes imposed a criminal penalty without due process of law. (Mendoza-Martinez, supra, 372 U.S. at pp. 146, 163-164 83 S. Ct. at pp. 556, 565.) In determining the sanction at issue was criminal rather than civil, the court identified various "tests traditionally applied to determine whether an Act of Congress is penal or regulatory in character," including "whether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as a punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of punishment--retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned." (Mendoza-Martinez, supra, 372 U.S. at pp. 168-169 83 S. Ct. at pp. 567-568, ) The United States Supreme Court used the following factors to decide whether a civil penalty (denationalization for draft evasion) was actually punishment for purposes of the Fifth and Sixth Amendments: "1 Whether the sanction involves an affirmative disability or restraint, 2 whether it has historically been regarded as a 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 the behavior to which it applies is already a crime, 6 whether an alternative purpose to which it may rationally be connected is assignable for it, and 7 whether it appears excessive in relation to the alternative purpose assigned." (Kennedy, 372 U.S. at pp. 168-169.)