{"id":87120,"date":"2019-02-13T23:12:48","date_gmt":"2019-02-14T04:12:48","guid":{"rendered":"https:\/\/sentencing.net\/?p=87120"},"modified":"2019-11-05T15:04:47","modified_gmt":"2019-11-05T20:04:47","slug":"eighth-amendments-excessive-fines","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/eighth-amendments-excessive-fines","title":{"rendered":"Eighth Amendment’s Prohibition on Excessive Fines"},"content":{"rendered":"\n\t
Fines and asset forfeiture are common elements of sentencing in cases involving theft or fraud. The government can seize a defendant’s assets that are alleged to have been involved in his criminal activities. However, the court may order that assets be turned back over to the defendant at sentencing. One of the ways that defendants challenge the government’s seizure of their assets is by arguing that they are essentially a form of “excessive fine,” which is banned by the Eighth Amendment. The Supreme Court recently heard arguments in Timbs v. Indiana<\/em> about whether the Eighth Amendment’s ban on excessive fines has been incorporated against the states per the Fourteenth Amendment.<\/p>\n
The Eighth Amendment Makes Excessive Fines Unconstitutional<\/h2>\n