Duenas Challenge to Fines is Eighth Amendment Issue?

As one may know, the Eighth Amendment prohibition against cruel and unusual punishment includes a ban on excessive fines. If one cannot pay certain fines because the person is in prison, can certain fines be excessive and thus an Eighth Amendment violation? What if the judge holds an ability-to-pay hearing and finds defendant is unable to pay certain fines, but imposes fees nonetheless. Are such fees excessive and thus an Eighth Amendment violation? To read a summary of a recent published opinion tackling this issue, please click on the following link.

https://www.greghillassociates.com/duenas-challenge-to-fines-is-eighth-amendment-issue.html

 

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