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ARTICLE · 21 MARCH 2019

No Excessive Fines In State Prosecutions Either

In Timbs v. Indiana, the U.S. Supreme Court unanimously held that the Eighth Amendment's prohibition on excessive fines applies to the states.

United StatesCriminal Law

In Timbs v. Indiana, the U.S. Supreme Court unanimously held that the Eighth Amendment's prohibition on excessive fines applies to the states. In the case, Tyson Timbs pleaded guilty to a minor controlled substance offense, but Indiana used civil forfeiture laws to forfeit his $42,000 SUV, which it claimed he had used to commit his crime. Timbs claimed the forfeiture was an excessive fine and violated his Eighth Amendment rights. The Excessive Fines Clause of that amendment had not yet been incorporated by—or applied to—the states. Timbs changes that. In her opinion for the Court, Justice Ruth Bader Ginsburg reasoned, "Like the Eighth Amendment's proscriptions of 'cruel and unusual punishment' and '[e]xcessive bail,' the protection against excessive fines guards against abuses of government's putative or criminal-law-enforcement authority." She noted the prohibition on excessive fines traces its lineage to the Magna Carta. Justice Ginsburg also recounted that

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