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- Title
PAYING FOR THE PRIVILEGE: PAY-TO-STAY INCARCERATION AFTER THE INCORPORATION OF THE EXCESSIVE FINES CLAUSE.
- Authors
MCGLASSON, PATRICK
- Abstract
Pay-to-Stay incarceration, the practice of making inmates in jail pay for the price of their own imprisonment, is common across the United States. Although a great deal of public policy research has been done on the subject, less attention has been paid to the practice in the nation's courthouses. This may well change as a result of the Supreme Court's 2019 ruling in Timbs v. Indiana that the Eighth Amendment's Excessive Fines Clause is incorporated as against the states. Timbs, which primarily concerned in rem forfeiture, may well mark a turning point for the way fines attendant to imprisonment are dealt with in the American legal system. This Note argues, given the broad-reaching language used in Timbs and previous Court rulings, that states must end or drastically reform their pay-tostay incarceration schemes to bring them into compliance with both the spirit and letter of current Eighth Amendment jurisprudence.
- Subjects
UNITED States; IMPRISONMENT; PRISONERS; EXCESSIVE fines (Constitutional law); JUSTICE administration
- Publication
University of Illinois Law Review, 2021, Vol 2021, Issue 3, p1135
- ISSN
0276-9948
- Publication type
Article