Excessive fines ruling will affect state, local governments
Cassianne Cavallaro | Contributing Illustrator
The Supreme Court recently ruled unanimously that the Eighth Amendment’s protections are limited for excessive fines applied by both state and local governments.
The Supreme Court recently ruled unanimously that the Eighth Amendment’s protections are limited for excessive fines applied by both state and local governments, including when related to property seizure.
This court ruling was empowering, but in order for it to be effective, people will need the right resources to challenge excessive fines.
The ruling doesn’t stop people from being fined, but now, if you have the right resources, you can take steps to fight excessive fines.
“For this law to be effective, it’s going to have to be activated through the grassroots up. That means that various defenses are going to have to find lawyers and resources to use this right to combat state practices, because the incentives to use this practice are going to continue,” said Jeb Barnes, a professor of political science at the University of Southern California.
There’s still work to be done, but now state governments will have a little more accountability. Many of the fines the government imposes will be reduced and challenged.
This decision comes after Tyson Timbs, a resident of Indiana, sued the state after his $42,000 Land Rover was seized by the government following his arrest. Timbs didn’t end up getting his property back, but the case led to excessive fine reform.
“It is important to remember that this is a single case that regulates the practice of civil forfeiture, but it doesn’t end it. So, it is a step towards eliminating disproportionate fines through this process,” Barnes said.
It’s certainly a promising step in the right direction, but there’s still work to be done in the regulation of civil forfeiture. Only time can tell as to whether this decision truly prevents excessive fines that lead to the seizure of citizens’ property.
Jack Mettler is a sophomore television, radio and film major. His column appears biweekly. He can be reached at jsmettle@syr.edu or on Twitter @Jack_Mettler.
LEARN MORE:
- Podcast: You Op To Know | Student Life columnist discusses local impact of excessive fines ruling
- Video: You Op To Know | Student Life columnist discusses local impact of excessive fines ruling
Published on March 5, 2019 at 10:45 pm
