Wednesday, February 20, 2019

Supreme Court strikes blow against states that raise revenue by hefty fines, forfeitures

https://www.usatoday.com/story/news/politics/2019/02/20/supreme-court-states-cant-impose-excessive-fees-fines-forfeitures/2919411002/

Richard Wolf, USA TODAY Published 10:17 a.m. ET Feb. 20, 2019 | Updated 3:26 p.m. ET Feb. 20, 2019

The Supreme Court ruled unanimously Wednesday that states cannot impose excessive fees, fines and forfeitures as criminal penalties.

The decision, which united the court's conservatives and liberals, makes clear that the Eighth Amendment's prohibition against "excessive fines" applies to states and localities as well as the federal government.

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The practice often leads low-income defendants further into poverty, crime, prison and recidivism, the liberal Southern Poverty Law Center and libertarian Cato Institute argued in court papers. The American Bar Association noted that nearly two-thirds of prisoners have little prospect of paying the fines and fees after their release.

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