Amendment VIII Applies to All     
     

Excessive bail shall not be required,

nor excessive fines imposed,

nor cruel and unusual punishments inflicted.

   

   The U.S. Constitution's prohibition of excessive bail and unusual punishments have long been applied to state and local governments under the due-process clause of the 14th amendment. Wednesday, the U.S. Supreme Court unanimously included excessive fines. 

   The case involves a factory worker who became reliant on painkillers after a foot injury. One thing led to another, finally to small-time heroin dealing. 

   After he was sentenced, Indiana forced him to forfeit a Land Rover he had bought with his father's life insurance. Maximum monetary penalty for his crime is $10,000. The Land Rover cost $42,000. 

   A U.S. Chamber of Commerce study found that "60 percent of municipal and county agencies relied on forfeiture profits as a 'necessary part' of their budget." The Institute for Justice said, "Increasingly, our justice system has come to rely on fines, fees and forfeitures to fund law enforcement agencies."

   The ACLU said that in 2017, 10 million people owed more than $50 billion in criminal fines, fees and forfeitures. A $100 ticket for a red-light violation in California carries an additional $390 in fees. New Jersey's $100 fine for marijuana possession can lead to more than $1,000 in penalties.

   Justice Thomas wrote, "This system - where police can seize property with limited judicial oversight and retain it for their own use - has led to egregious... abuses." He also noted an investigation into tactics resulting in hundreds of millions of dollars collected from motorists not charged with crimes. 

   Justice Ginsburg announced the court's opinion, writing, "Exorbitant tolls undermine other constitutional liberties," and "fines may be employed in a measure out of accord with the penal goals of retribution and deterrence."

Washington Post

      Jimmy