3 ms·
IANAL, but this is not a fine, is it?
by ryanwaggoner 17y ago
IANAL, but this is not a fine, is it?
- modeless 17y agoIANAL either, but I doubt the framers of the constitution meant their definition of "fine" to exclude a case like this. Even if it isn't a "fine" in esoteric legal jargon it fits the definition of "cruel and unusual punishment". After all, $2 million is more than the expected lifetime earnings of an American individual. $2 million is essentially a monetary life sentence. edit: I did some research and you're correct that this doesn't fit the modern legal definition of a "fine". Apparently fines are for criminal offenses and in civil cases like this they're called "penalties" instead. Again, however, I don't think this necessarily applies to the eighth amendment. http://legal-dictionary.thefreedictionary.com/fine http://legal-dictionary.thefreedictionary.com/fine
- jrockway 17y agoThe whole civil system is an end-run around the Constitution anyway. The government can't take all the money you'll ever earn, but they can allow some corporate entity to. (Totally different, see! Nobody's rights are being violated!) (Incidentally, the Constitution says "cruel AND unusual" not "cruel OR unusual". So if a cruel punishment is routinely applied, that makes it not unusual, and totally legal.)