The US Supreme Court ruled unanimously on Wednesday that the Excessive Fines Clause in the 8th Amendment applies to state and local governments.
Announced in an opinion written by Justice Ruth Bader Ginsburg on her second day back on the bench following a December cancer surgery, the ruling limits states' abilities to seize property and impose fines deemed excessive on citizens who break the law.
"For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties," wrote Ginsburg, as the court sided with Tyson Timbs of Marion Indiana, whose $42,000 Land Rover SUV was seized by the state following a guilty plea for selling $385 worth of heroin to an undercover detective.
Following a plea bargain, Timbs was sentenced to a year of home detention followed by five years of probation, as well as $1,200 in fees.
"Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence."
OK, Ginsberg was right to write this one. And she is apparently alive. I'm not a great fan of her, but have to agree with this ruling.
9-0 even. If the cops really wanted that land rover they ideally should have made the case it was bought using income from illicit activity. I don't think that's so easy to prove though and I also don't know of any "threshold" guidelines.
One big thing is property expropriation. Old folks sometimes forget to pay taxes, they are old, they are mentally suffering and such. And states/cities auction those properties off to very scrupulous people to take away from poor old folks.
Unless I'm confused, it seems like left and right posters are agreeing on something. I'm a little worried that this is a sign that dogs and cats will be lying together and bringing about the apocalypse. You can always count on Pat.net to identify a good weekend for a bunker drill
8th Amendment to the U.S. Constitution: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
OK, Ginsberg was right to write this one. And she is apparently alive. I'm not a great fan of her, but have to agree with this ruling.