Our local, state and federal governments have many ways that they can punish people for a crime. The most obvious, and maybe the most feared, is imprisonment. But many Americans found guilty of committing a crime never go to jail or do time for what they’ve done. They often pay a fine, a sometimes very steep financial penalty levied by the authorities. In some cases, fines are levied against people who are also serving time for a crime.
In this sense, crime does pay, often quite dearly. We pay for traffic violations, in addition to many other lesser or more serious offenses. These fines help governments reach their budgets and bankroll the institutions that, in turn, determine how much people will pay for any given crime.
Fines are intended to be a deterrent for crime, a way to discourage people from doing something illegal, but they can sometimes be arbitrary and random. Let’s look at some of the fines in Kentucky.
- DUI convictions result in fines of anywhere between $200 and $1000.
- A speeding ticket can cost you up to $100, in addition to court costs.
- A first offense for possession of marijuana under 8 ounces results in a maximum $245 fine, while selling or trafficking in less than eight ounces leads to a fine of anywhere from $500 to $10,000 – depending on whether it was your first offense.
These are just a few examples of fines that are given in Kentucky, but the list is a very long one. In addition to fines and imprisonment, a person accused of a crime might also be faced with court costs and bail. As we’ll see, these costs have a much greater impact on those who have fewer financial resources.
What Does the Law Say About Fines?
While governments have it in their authority to levy a fine for a crime, the U.S. Constitution prohibits excessive fines in the Eighth Amendment. The Eighth Amendment prohibits both excessive bail and excessive fines, in addition to cruel and unusual punishment. The idea behind the amendment is that while the government can place a fine, there should also be limits on the monetary penalties for crimes.
Who do Fines Impact the Most?
When we consider whether a fine should be considered excessive, it’s important to ask who the fine is being levied against. For example, paying a $1000 fine wouldn’t be very difficult for a millionaire, but to someone who makes minimum wage, a $1000 fine could be financially devastating. In other words, what is excessive for one person is laughable for another. This calls into question the fact that fines for many crimes are a fixed amount and not adjusted to reflect the circumstances of the accused.
The people who feel the weight of fines most heavily are those with less money, and it is to those people that a fine should be considered excessive. The bail system in our country also comes under much criticism for the fact that it tends to favor people who have more wealth.
The founding fathers were skeptical about the power of authorities to fine someone for a crime, yet fines are a big part of the punishments people face and a big part of the revenue generated by state and local governments. This disconnect makes life very difficult for those without the resources to pay them.
If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.