excessive penalty

excessive penalty
excessive fine or penalty
The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive fines. A state may not constitutionally imprison a person for inability to pay a fine if he would not have been imprisoned on a showing of ability to pay the fine and on payment of the fine. Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130. Any fine or penalty which seriously impairs the capacity of gaining a business livelihood.

Black's law dictionary. . 1990.

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  • excessive penalty — excessive fine or penalty The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive fines. A state may not constitutionally imprison a person for inability to pay a fine if he would not… …   Black's law dictionary

  • penalty — pen·al·ty / pen əl tē/ n pl ties 1: a punishment that is imposed on a wrongdoer by statute or judicial decision 2: a pecuniary sum that by agreement is to be paid by a party who fails to fulfill an obligation to another and that is punitive… …   Law dictionary

  • penalty clause — n 1: a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usu. unenforceable ◇ A penalty clause differs from a liquidated damages clause by not… …   Law dictionary

  • excessive fine — or penalty The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive fines. A state may not constitutionally imprison a person for inability to pay a fine if he would not have been… …   Black's law dictionary

  • excessive fine — or penalty The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive fines. A state may not constitutionally imprison a person for inability to pay a fine if he would not have been… …   Black's law dictionary

  • Penalty card — A penalty card is used in many sports as a means of warning, reprimanding or penalising a player, coach or team official. Penalty cards are most commonly used by referees or umpires to indicate that a player has committed an offence. The referee… …   Wikipedia

  • excessive punishment — Any sentence or fine which is not commensurate with the gravity of the offense or the criminal record of the defendant. Excessive punishments under 8th Amendment are those which by their length or severity are greatly disproportionate to offenses …   Black's law dictionary

  • excessive punishment — Any sentence or fine which is not commensurate with the gravity of the offense or the criminal record of the defendant. Excessive punishments under 8th Amendment are those which by their length or severity are greatly disproportionate to offenses …   Black's law dictionary

  • excessive bail — An imposition prohibited by both the United States Constitution and state constitutions, being bail set at an amount higher than reasonably calculated to insure that the accused will appear to stand trial, considering the factors of the ability… …   Ballentine's law dictionary

  • excessive sentence — A sentence for a term in excess of what the law permits as punishment for the particular offense. 21 Am J2d Crim L § 536. A sentence which should be reduced in the exercise of a sound discretion by the court, notwithstanding it is not in excess… …   Ballentine's law dictionary

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