what is an excessive fine

Another critical distinction between fines and court costs is that as a penalty, the legislative authority will set the range of a fine. A fine is excessive when it is grossly disproportionate to the gravity of the offense that it was designed to punish. Regardless of this distinction, it is money that comes out of a defendant’s pocket and can have a devastating impact on the defendant’s life, as well as that of his or her family. Browning-Ferris Industries v. Kelco Disposal, Inc. See more. 568, 574 (1833). imposed.”. Moreover, when revenue generation is a consideration, the amount of the fine is based on factors other than the severity of the offense. The UCF review determined that all of the credit is transferable to the University and that all of the credit is applicable to the degree program selected. As was raised during the Timbs oral argument, the determination of an excessive fine is fact-intensive. The touchstone of the constitutional inquiry under the excessive fines clause is the principle of proportionality. n. an amount of bail ordered posted by an accused defendant which is much more than necessary or usual to assure he/she will make court appearances, particularly in relation to minor crimes. The Court held that the forfeiture11FootnoteThe Court held that a criminal forfeiture, which is imposed at the time of sentencing, should be considered a fine, because it serves as a punishment for the underlying crime. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. in this particular case violated the Excessive Fines Cause because the amount forfeited was grossly disproportionate to the gravity of defendant’s offense.12Footnote524 U.S. at 334. Will this affect the assessment of court costs and fees, in addition to fines? Opinions herein are those of the authors, not necessarily of the National Center for State Courts. A claim based upon the Excessive Fines Clause challenges the fine itself. A Florida woman was fined $100,000 for a dirty pool and overgrown grass. This penalty is called an “excise tax,” and applies to each tax year the excess contribution remains in your account. The U.S. Supreme Court is considering applying the Eighth Amendment’s Excessive Fines Clause to the states. The meaning of “excessive fine” has been open ended and fact-specific for a long time. If the Court in Timbs applies the Excessive Fines Clause to the states, the trial court record showing the factors considered by the court will be critical. The Court struck down a fine as excessive for the first time in United States v. Bajakajian (1998). 524 U.S. at 338. The Excessive Fines Clause limits the government’s power to extract payment as punishment for an offense. Most of these collection methods are applied to low-income defendants. In United States v. Bajakajian,10Footnote524 U.S. 321 (1998). Because fines are imposed after a defendant has been convicted, and have nothing to do with depriving him of his liberty prior to trial, U.S. courts have greater discretion in imposing fines for criminal acts. As such, there is a disproportionate impact of a fine based upon ability to pay or the financial status of the defendant. The fine for a violation of Vehicle Code 22354 VC can range from $35.00 to more than $500.00, plus court costs and assessments. in prison and up to $10,000 fine). "Most of our clients' documents provide for cumulative remedies where it would become almost excessive if you continue to fine someone," says Abbate. The Eighth Amendment’s standard can be traced through centuries of Anglo-American law. Justice Gorsuch summarized the issue by his question that, putting aside its application, “we all agree that the Excessive Fines Clause is incorporated against the states. Timbs involved a forfeiture of a vehicle, in addition to fines imposed. the Excessive Fines Clause: Assessing the Severity of Property Forfeitures After Timbs, 129 YALE L.J. Even absent a political motive, fines may be employed ‘in a measure out of accord with the penal goals of retribution and deterrence,’ for ‘fines are a source of revenue,’ while other forms of punishment ‘cost a State … The case involved the forfeiture of a vehicle involved in a drug arrest. At the time the Eighth Amendment was adopted, the Court noted, the word ‘fine’ was understood to mean a payment to a sovereign as punishment for some offense.5Footnote492 U.S. at 265. What constitutes an "excessive fine?" Timbs also gives definition to those “excessive fines” the Constitution guarantees “shall not be . United States v. Bajakajain, 524 U.S. 321 (1998). If you exceed the speed limit by more than 40 km/h, you will receive a ticket for $368. thus obviating any necessity to develop the meaning of excessive fines in relation to ability to pay. “Bail set at a figure higher than an amount reasonably calculated to fulfill this purpose is ‘excessive’ under the Eighth Amendment.” [xv] The Court reasoned that the bail imposed upon the Stack defendants did not fulfill this purpose because there was no evidence that the defendants were a flight risk. Mention of the Eighth Amendment to a lawyer usually draws to mind the Cruel and Unusual Clause, instead of the often-overlooked prohibition against excessive fines. With a low-level offense, the analysis may look to the financial impact on the defendant. “The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.” 37 In United States v. In addition to the amount of the fine, collateral consequences flow from inability to timely pay, including suspending a driver’s license; blocking registration to renew license plates or register a car; paying collection-agency fees; and, in some cases, issuing an arrest warrant. As such, the court acts autonomously with no check and balance, which was considered a critical factor by the Court in Bajakajain. The Supreme Court has held that the Excessive Fines Clause prohibits fines that are "so grossly excessive as to amount to a deprivation of property without due process of law". Often, court costs may exceed the fine imposed. For years the Supreme Court had little to say about excessive fines. The minimum penalty for speeding is a £100 fine and 3 penalty points added to your licence. 524 U.S. at 330–32. If the Court does decide that the Excessive Fines Clause applies to the states, the question is how to determine what a fine is and when is it excessive. A transfer student has 6 hours of AP credit and has completed two terms (twelve hours each term) at a college or university, for a total of 30 term hours of credit. This question may have a substantial impact on courts dealing with traffic and misdemeanor cases. As the lowest sanction available to a court, it is the primary sanction for a traffic infraction or minor misdemeanor offense. The Court was apparently willing to consider any number of factors in making this evaluation; civil forfeiture was found to be at least partially intended as punishment, and thus limited by the clause, based on its common law roots, its focus on culpability, and various indications in the legislative histories of its more recent incarnations. Patrick Carroll, Presiding Judge, Lakewood Municipal Court, Ohio. Courts have been divided about considering the defendant’s ability to pay as a factor in determining if a fine is excessive. In an early case, it held that it had no appellate jurisdiction to revise the sentence of an inferior court, even though the excessiveness of the fines was apparent on the face of the record.1FootnoteEx parte Watkins, 32 U.S. (7 Pet.) The factual nature makes it difficult to set out an articulable standard without impeding judicial discretion at the trial level. A motorist is presumed to be in violation of California’s basic speeding law if driving at an excessive speed. Courts must also defer to the legislature regarding the appropriate range of punishment for an offense. While a fine is a penalty, court costs are civil in nature and imposed to defray the operating costs of the court. The concept of excessive force is applicable of mostly all kind of government officials, but when it comes to police officers using more than required force, especially during an arrest, it is known as police brutality. Hon. The central issue and basis of appeal was the application of the Excessive Fines Clause of the Eighth Amendment to the individual states. Even if some collection sanctions are limited to fines only, they may effectively be applied to court costs if fines are not received until after all other financial sanctions have been satisfied. The Supreme Court additionally explained that excessive fines undermine other liberties because they can be used to retaliate against or chill the speech of political enemies, or as a source of revenue instead of furthering penal goals of retribution or deterrence. . Cases that have raised issues of traffic and other misdemeanor fines usually involve a direct appeal on the lack of hearing or finding on ability to pay or injunctive relief in federal court on collection methods. As was raised during the Timbs oral argument, the determination of an excessive fine is fact-intensive. Phlegm and excessive mucus may not be much of a conversation starter, but if you have too much of it, it can drive you crazy. United States v. Bajakajain, 524 U.S. 321 (1998). * In example 1, the The Court has held the clause inapplicable to civil jury awards of punitive damages in cases between private parties, when the government neither has prosecuted the action nor has any right to receive a share of the damages awarded.4FootnoteBrowning-Ferris Industries v. Kelco Disposal, Inc., 492 U.S. 257 (1989). The prohibition against cruel and unusual punishment comes from the Eighth Amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”State constitutions often have similar provisions (Texas Constitution, 2010). In determining proportionality, the Court did not limit itself to a comparison of the fine amount to the proven offense, but it also considered the particular facts of the case, the character of the defendant, and the harm caused by the offense.13FootnoteIn Bajakajian, the lower court found that the currency in question was not derived from illegal activities, and that the defendant, who had grown up a member of the Armenian minority in Syria, had failed to report the currency out of distrust of the government. When, however, fines are looked on as a local revenue generator, it shifts the emphasis from the impact on the defendant as a financial sanction. Although there have been some state and federal court cases that have applied the Excessive Fines Clause, there has not been a definitive statement by the U.S. Supreme Court of its application to the states. Police brutality is the excessive and unwarranted use of force by law enforcement.It is an extreme form of police misconduct or violence and is a civil rights violation. . At a certain point of assessing a fine on a daily basis, the amount reaches a point where it is an excessive amount to pay. . The purpose of a fine is to correct inappropriate behavior and to maintain a standard of conduct. Justice Brandeis once contended in dissent that the denial of second-class mailing privileges to a newspaper on the basis of its past conduct, because it imposed additional mailing costs which grew day by day, amounted to an unlimited fine that was an unusual and unprecedented punishment proscribed by the Eighth Amendment.2FootnoteMilwaukee Pub. Yet, the standard has never been reduced to strict factors, rigid formulae, or balancing tests. For years the Supreme Court had little to say about excessive fines. For example, if you have a $100 excess contribution, your fine would be $6.00; if you contributed $1,000 over, it would be $60. Issues of Excessive Fines Coming to a Court Near You. A fine is excessive when it is grossly disproportionate to the gravity of the offense that it was designed to punish. This issue was also brought out by the justices’ questions during the Timbs argument. Excessive Bail Prohibition: Current Doctrine, Prohibition on the Infliction of Cruel and Unusual Punishments: Historical Background. Will this affect the assessment of court costs and fees, in addition to fines? Excessive-fine analysis usually looks to the level and nature of the offense and the fine or forfeiture relative to the offense. Under the Excessive Bail Clause, the Supreme Court has held that the federal government cannot set bail … This definition emerges when Timbs is read alongside three other decisions: (1) Austin v. United States—the Supreme Court’s decision holding that forfeitures are “fines” within the meaning of the Excessive Fines Clause; (2) United States v. Excessive fines clause is a clause of the Eighth Amendment to the U.S. Constitution which prohibits the imposition of excessive fines. As a result a fine of “$50 and costs” for a single, relatively minor offense can be $400 to $500 at the clerk’s window. The excessive fines clause of the 8th Amendment is a bit more vague than the excessive bail and cruel and unusual punishment clauses. Can we least agree on that?” From their questions, other justices seemed to agree with Justice Gorsuch. States, cities and counties collect billions of dollars in fines. Years the Supreme Court is considering applying the Eighth Amendment ’ s excessive fines.! Tips to remedy the problem, other justices seemed to agree with Justice Gorsuch fines Court... 407, 435 ( 1921 ) ability to pay a boat off their driveway a! 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