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I don't think anyone is arguing that the offense is greater - I think they'd argue they're putting the "proportion" back in proportional - making the fine propo
by soneil 7y ago
I don't think anyone is arguing that the offense is greater - I think they'd argue they're putting the "proportion" back in proportional - making the fine proportional to the income, so that it has more equal impact.
- Brendinooo 7y agoI understand, I'm just saying that there is text in the Constitution that says you can't do that. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." If speeding is an equal offense for all people, then fining someone more for it would be excessive. I saw a source that believes it's a solvable problem, but any conversation about this issue has to solve that problem.
- soneil 7y agoI think we'd just have to have a chat about the definition of what's excessive? Fining me $1m for something would be excessive, fining AT&T $1m for the same thing would be trivial. "excessive" is relative. The GPDR is an example of what I mean; where fines are written as €x or y% of revenue, whichever is higher - which is intended precisely to make fines proportional. There's little sense levying the same dollar fine against Google and my local corner shop - a figure that Google wouldn't notice would destroy the other.