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- Title
MORE THAN LIP SERVICE IS REQUIRED: EXCESSIVE FINES CLAUSE LIMITATIONS UPON FINING THE HOMELESS.
- Authors
DONALDSON, TIM
- Abstract
The article explores the application of the Excessive Fines Clause to civil fines imposed on the homeless for violation of the U.S. government's restrictions against sitting, lying and sleeping in public. It describes the history of the Excessive Fines Clause, as well as the proportionality principle adopted by the Supreme Court and applied by circuit court cases to evaluate the reasonableness of fines. It also reviews leading cases addressing the assessment of fines against homeless persons.
- Subjects
UNITED States; EXCESSIVE fines (Constitutional law); LEGAL status of homeless people; PROPORTIONALITY in law; HOMELESS persons
- Publication
St. Mary's Law Journal, 2023, Vol 54, Issue 3, p629
- ISSN
0581-3441
- Publication type
Article