Court: Constitutional ban on high fines applies to states
Legal Compliance
The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.
Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.
Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.
"The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide," said Sam Gedge, a lawyer with the Institute for Justice.
Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs.
Related listings
-
Court records reveal a Mueller report right in plain view
Legal Compliance 02/22/2019The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertai...
-
Court: Florida police can use 'stand your ground' law
Legal Compliance 12/13/2018Florida law enforcement officers can invoke the state's "stand your ground" law to protect them from criminal prosecution in a shooting, the state Supreme Court ruled unanimously Thursday.The court issued its 7-0 decision in the case of Peter Peraza,...
-
Trial starts for Hong Kong businessman in bribery case
Legal Compliance 12/03/2018The New York trial of a prominent Hong Kong businessman charged in a United Nations-linked bribery conspiracy is set to begin with jury selection Monday.The trial of Dr. Chi Ping Patrick Ho begins a year after he was arrested on charges accusing him ...
USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.