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Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Washington Law Review
Over the last decade, Washington State has seen a substantial increase in its unhoused population and an increase in laws that harm this group. Many of these laws subject unhoused and unsheltered people to fines, fees, and forfeitures that are exceedingly difficult for them to afford. The ExcessiveFinesClauses in the United States and Washington Constitutions protect citizens from fines deemed constitutionally excessive and could be used to shield unsheltered people from the burden of paying unjust fines they cannot afford. In City of Seattle v. Long, the Washington State Supreme Court analyzed the ability to pay of a person who …
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
St. Mary's Law Journal
No abstract provided.
Is Misdemeanor Cash Bail An Unconstitutional Excessive Fine?, Barnett J. Harris
Is Misdemeanor Cash Bail An Unconstitutional Excessive Fine?, Barnett J. Harris
Pepperdine Law Review
The Excessive Fines Clause is one of the least developed clauses pertaining to criminal procedure in the Bill of Rights. In fact, the Supreme Court has only interpreted the Clause a few times in its entire history. Yet, on any given day, hundreds of thousands of people languish in jails without having been convicted of anything, because most of these people are unable to meet the bail amount a judge sets. This Essay examines the surprisingly under-explored relationship between misdemeanor cash bail & pretrial detention and the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment, using the Supreme …
Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell
Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell
University of Arkansas at Little Rock Law Review
No abstract provided.
Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle
Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle
Articles
Although the 2018-19 Term at the Supreme Court did not include any blockbuster rulings like Carpenter v. United States, the Court issued a number of significant criminal law and procedure rulings. It addressed warrantless blood-alcohol testing, the dual-sovereignty doctrine, the right to trial by jury, ineffective assistance of trial counsel, questions of incorporation, prisoners' competence to be executed, permissible methods of execution, and some important statutory interpretation questions. Looking back on the Term, Justice Gorsuch clearly solidified his position as the libertarian "swing" vote in criminal procedure cases. He joined the liberals to uphold a defendant's right to trial …
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
Akron Law Review
This Note examines the history of the constitutional challenges to the doctrine of punitive damages. Next, this Note explores the Supreme Court's decision in Haslip. Finally, this Note examines the ramifications of the Haslip decision.
The Eighth Amendment’S Excessive Fines Clause And The Artist, James L. Lyons
The Eighth Amendment’S Excessive Fines Clause And The Artist, James L. Lyons
Touro Law Review
No abstract provided.
Penalties For The Failure To Report Foreign Financial Accounts And The Excessive Fines Clause Of The Eighth Amendment, Matthew A. Melone
Penalties For The Failure To Report Foreign Financial Accounts And The Excessive Fines Clause Of The Eighth Amendment, Matthew A. Melone
Matthew A. Melone
Offshore financial accounts held by U.S. citizens or residents have been the subject of government scrutiny for some time. These accounts often are maintained by taxpayers as repositories of funds derived from illegal activities or to evade income taxes both on funds derived from legal and illegal activities. Recent high profile scandals, particularly those that involved Swiss banks, have brought heightened congressional and public attention to the nefarious use of such accounts. Particularly prominent was the scandal involving UBS and the deliberate attempts by its private banking division to aid U.S. citizens in evading income taxes. This scandal, which prompted …
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Supreme Court Of New York Appellate Division, First Department - Street Vendor Project V. City Of New York, Sarah Marx
Touro Law Review
No abstract provided.
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
St. Mary's Law Journal
This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …