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Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.
Download as PDF; Printable version ... Help. Pages in category "Excessive Fines Clause case law" The following 5 pages are in this category, out of 5 total ...
The Excessive Fines Clause and the Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution prohibit certain disproportionate sentences. Further, the Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for certain crimes, for certain classes of defendants, and in the absence ...
While Furman confirmed the earlier incorporation of the 8th Amendment's Cruel and Unusual Punishment clause in Robinson v. California, 370 U.S. 660, 667 (1962) Cooper Industries v. Leatherman Tool Group incorporated the Excessive Fines clause. The Court later seemed to back away from this holding.
Case history; Prior: United States v. One Parcel of Prop. Located at 508 Depot St., 964 F.2d 814 (8th Cir. 1992); cert. granted, 506 U.S. 1074 (1993). Holding; Forfeiture under §§881(a)(4) and (a)(7) is a monetary punishment and, as such, is subject to the limitations of the Excessive Fines Clause.
Civil forfeitures are subject to the "excessive fines" clause of the U.S. Constitution's 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level. [5] A 2020 study found that the median cash forfeiture in 21 states which track such data was $1,300. [6]
United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment. [1]
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