Posts tagged "Constitutional Rights"

Does the Constitution's 'excessive fines' clause apply to states?

In 2015, Tyson Timbs pled guilty to heroin charges and sentenced to five years' detention and probation. However, since his 2012 Land Rover was allegedly used to transport the drugs, the state of Indiana seized it as property that had been involved in crime. The vehicle was worth approximately $42,000 -- four times the maximum fine the state could impose for the crime he committed. The trial judge and an appeals court ruled that the seizure violated the Eighth Amendment's prohibition on "excessive fines."

Judge: Tennessee can't revoke driver licenses for unpaid tickets

If you can't afford to pay your Tennessee traffic ticket, the state may have threatened to take away your driver's license -- or it may already have done so. If so, you probably thought that license revocation was a strikingly counterproductive way of getting people to pay debts. After all, most people in Tennessee need to drive to and from work. No license means no work, making it even more difficult to pay off that speeding ticket.

Justice Dept challenges Tennessee's rule on exculpatory evidence

In the 1963 case of Brady v. Maryland, the U.S. Supreme Court ruled the Constitution requires prosecutors to hand over to the defense any evidence that tends to prove the defendant's innocence. When they do not and the defendant is convicted, their failure or refusal to do so can result in a new trial.

Judge: Tennessee can't take away driver's licenses for court debt

A federal judge has ruled that Tennessee's practice of revoking driver's licenses merely because defendants can't afford to pay court fines and fees. Since the law doesn't provide an exception for the indigent, it violates people's right to due process and equal protection under the law.

If your bail is completely unaffordable, is it 'excessive'?

The Eighth Amendment to the U.S. Constitution prohibits "excessive bail." Over time, courts have made numerous rulings on what constitutes "excessive," but our country still finds itself in the midst of a bail crisis.

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