Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
11 - Nor Excessive Fines Imposed
from Part II - The Landscape of Eighth Amendment Doctrine
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
Summary
Across America, federal, state, and local governments use economic sanctions to punish juveniles and adults in cases ranging from low-level traffic tickets, to truancy, to theft, to murder. Millions of people now struggle with debt resulting from these practices. Increasingly, people report having to forgo basic necessities, such as food, housing, winter coats for their children, toilet paper, necessary medical care, and more, in an attempt to extract themselves from these debts. For those who cannot pay immediately, lawmakers have directed the imposition of further punishments, in the form of additional debt, loss of driver’s licenses and voting rights, and even incarceration. Still others lose their homes, their cars, business equipment, and other possessions to forfeiture — cutting them off from stable housing, disrupting access to employment and educational services, and restricting the availability of food and medical care — at times without ever having been convicted of a crime.
- Type
- Chapter
- Information
- The Eighth Amendment and Its Future in a New Age of Punishment , pp. 171 - 186Publisher: Cambridge University PressPrint publication year: 2020