[20190220]LSB10196_超额罚款从根本上来说是否不公平？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Are Excessive Fines Fundamentally Unfair? Updated February 20, 2019 UPDATE 2/20/2019: Today, the U.S. Supreme Court held in Timbs v. Indiana that the Eighth Amendments Excessive Fines Clause is incorporated in the Due Process Clause of the Fourth Amendment and is therefore binding on the States. The original post from September 12, 2018, follows below. The U.S. Supreme Court has agreed to consider the question of whether it is constitutionally unfair for a state to impose an excessive fine. More precisely, it granted certiorari in Timbs v. Indiana to consider whether the Fourteenth Amendments Due Process Clause, which applies to the states, incorporates the Eighth Amendments Excessive Fines Clause. The standard for incorporation is whether the protection in question “is fundamental to our scheme of ordered liberty.” The Indiana Supreme Court believed that only the U.S. Supreme Court may answer that question. And so, the Indiana court reversed a lower court determination that the Excessive Fines Clause precludes the states confiscation of a drug dealers Land Rover. The facts are undisputed. Tys