U.S. Supreme Court Justice Ruth Bader Ginsburg speaks at the New York Law School, February 6, 2018 In Defining an 'Excessive' Fine, Proportionality Should Have Many Dimensions
We encourage the Supreme Court to assess "proportionality," and thus the concept of "excessive fine," from multiple perspectives, not limited solely to the gravity of the crime.
November 08, 2020 at 10:00 AM
8 minute read
The New Jersey Supreme Court recently granted certification in State v. Bennie Anderson (No. 84,365), in which the court will consider whether forfeiture of a public employee's entire pension for accepting a $300 bribe implicates the Excessive Fines clauses of the Eighth Amendment to the U.S. Constitution and Article I, Paragraph 12 of the New Jersey Constitution, and if so, what factors the courts should consider in assessing whether pension forfeiture is "excessive."
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