State v. Gibbons
Issue 1. Whether a law that imposed a $5,000 mandatory minimum fine without regard to the defendant’s ability to pay, is facially unconstitutional under the Excessive Fines Clause of both …
Excessive Fines Clause
State v. Brophy
Issues 1. Is the protection provided by the Excessive Fines Clause of the Eighth Amendment applicable to the states under Timbs v. Indiana? 2. Did the lower court properly rule …
Tyler v. Hennepin County, Minnesota, et al.
In a unanimous opinion, the U.S. Supreme Court holds that local governments seeking forfeiture of property as compensation for a public debt may not profit from it beyond the amount …
United States Department of Justice “Dear Colleague” Letter (revised and updated)
On April 20, 2023 the U.S. Department of Justice’s Civil Rights Division, Office of Justice Programs, and Office for Access to Justice revised the 2016 Dear Colleague to include an updated discussion …
State of Washington v. Eyman
Issue Whether courts must consider a person’s ability to pay a fine when determining whether the fine is excessive under the Excessive Fines Clause of the U.S. Constitution and the …
Alaska v. Jouppi
Issues 1. Whether the forfeiture of property based on being utilized in the commission of a crime is subject to the excessive fines clause of the U.S. Constitution. 2. Whether, as …
The Constitutionality of Income-Based Fines
The current financial consequences for low-income offenders often lead to cycles of debt and jail, while high-income individuals can break the law without meaningful financial consequences. Although imposing fines regardless …
The New Due Process: Fairness in a Fee-Driven State
Courts, prosecutors, and law enforcement work together to assess and collect fines, fees, and forfeitures that fund the justice system – a conflict of interest and a violation of due …
It’s Time To Reform Washington’s Harmful System Of Fines And Fees
People with low incomes, disabilities, and Black, Indigenous, and People of Color (BIPOC) shoulder much of the harm from the legal financial obligations (LFOs) levied in Washington’s criminal legal system. …
City of Seattle v. Long
Summary: Steven Long worked as a general tradesman and stored work tools and personal items in his truck, where he had been living since he was evicted from his apartment in …