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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". The Court struck down a fine as excessive for the first time in United States v. Bajakajian (1998). Under the Excessive Bail Clause, the Supreme Court has held that the ...
In more recent years, the question of whether the Eighth Amendment's protection against excessive fines applies to state and local laws has been highlighted by the growing use of asset forfeiture, a tactic used since the start of the war on drugs in the mid-1970s to seize cash and material property used in illegal drug transactions. Cash assets ...
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
The U.S. Constitution is the supreme law in America. Amendments are part of the Constitution. ... the high court ruled that the Eighth Amendment’s prohibition against excessive fines applied to ...
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared ...
The federal agency in 2015 accused Ferguson of racially biased policing and using excessive fines and court fees. A year later, Ferguson and the Justice Department reached an agreement that ...
In a scathing report on the origins of the unrest, the U.S. Department of Justice exposed how Ferguson had systematically used traffic enforcement to raise revenue through excessive fines, a ...
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.