People v. Duenas Overruled by Sixth Appellate District.

People v. Duenas, a Second Appellate District ruling, held that is was unconstitutional to give a defendant a choice between serving time in jail or paying court fines and fees without first establishing defendant’s ability to pay such fines and fees. The gist of the ruling was that is was an Eighth Amendment violation, or cruel and unusual punishment, as well as a due process violation, to incarcerate someone based on being poor. The ruling implicated decades of standard practice within our state courts as being unconstitutional. The Sixth Appellate District, however, overruled Duenas. Why? To read a short summary of this ruling, please click on the following link –

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