Summary of Argument

This case will have broad and serious  implications not only for adults in criminal court, but  also for thousands of young people across the country  facing fines and fees in the juvenile justice system. 

The purpose of the Eighth Amendment is to guard against government abuses in the imposition of  punishment. Austin v. United States, 509 U.S. 602, 609-10 (1993). 

A state court’s power to impose economic  sanctions squarely implicates the concern with  potential for governmental abuse of its power to  “extract payments” embodied by the Eighth  Amendment. Id. at 609-10. As Petitioner argues, the  constitutional prohibition on excessive fines “is  fundamental to our scheme of ordered liberty” such  that it should be applied to the states. (Pet. Cert. 22  (citing McDonald v. City of Chicago, 561 U.S. 742, 767 (2010))). 

Amici write separately to underscore that  children across the country will also be at risk of  serious harm and disproportionate penalties if the  Excessive Fines Clause is not incorporated against the  states. Juvenile justice fines are widespread, imposed  against children and their families in all 50 states.  They include traditional monetary sanctions or fines,  imposed solely as punishment for a young person’s  conduct, as well as penalties that ostensibly serve a  remedial purpose, at least in part. Regardless of their  form, juvenile justice fines can have devastating  consequences for children and their families,  including deprivation of liberty, interference with  family property, and infringement on family unity. The impact is felt by children, as well as their parents, 3 siblings, and family members—who lack any  culpability for the underlying offense.  

The harsh effects of juvenile justice fines are at  odds with this Court’s recognition of young people’s  diminished culpability. Despite extensive  jurisprudence reflecting this Court’s acknowledgment that youth’s immaturity may lead to impulsive  behavior that is inherently less blameworthy than  conduct attributed to an adult, see, e.g., Roper v.  Simmons, 543 U.S. 551, 569-70 (2005), young people  face these fines at all stages of the juvenile justice  system. 

Yet without a constitutional prohibition on  disproportionately harsh punishments, states have  little motive to reel in juvenile justice fines. The state  courts that in some cases may have discretion to  temper the harshness of monetary sanctions benefit  directly from juvenile justice fines. This scenario is  precisely what the federal Excessive Fines Clause  aims to prevent. 

Against this backdrop, Amici respectfully urge  this Court to incorporate the Excessive Fines Clause of the Eighth Amendment against the states to secure  the fundamental right to be free of excessive  punishment. 

Summary of Argument

The Eighth Amendment's prohibition against excessive fines has significant implications for both adults in criminal court and juveniles in the juvenile justice system. This brief arrues against the use of economic sanctions in the context of juvenile justice.

The Eighth Amendment and Government Abuses

The Eighth Amendment aims to prevent government abuses in the imposition of punishment. The concern with excessive fines arises from the potential for the government to abuse its power to extract payments.

Incorporation of the Excessive Fines Clause

The prohibition on excessive fines is considered fundamental to the concept of ordered liberty and should be applied to the states. Incorporating the Excessive Fines Clause against the states would protect individuals from disproportionate penalties.

Impact on Juveniles

Juvenile justice fines are prevalent across the country and can have severe consequences for children and their families. These fines can lead to deprivation of liberty, interference with family property, and infringement on family unity.

Diminished Culpability of Juveniles

Despite the Supreme Court's recognition of the diminished culpability of juveniles, young people face fines at all stages of the juvenile justice system. The lack of a constitutional prohibition on excessive punishments allows states to impose disproportionately harsh penalties on juveniles.

Conclusion

Incorporating the Excessive Fines Clause against the states is crucial to protect individuals, particularly juveniles, from excessive punishment. The potential for government abuse and the devastating consequences of juvenile justice fines necessitate the application of this fundamental right.

Summary of Argument

Excessive fines, or overly harsh financial penalties, can have serious consequences for both adults in the criminal justice system and young people in the juvenile justice system.

The Eighth Amendment of the Constitution protects against government abuse in imposing punishments, including excessive fines. This protection is essential for ensuring fairness and justice.

Juvenile justice fines are common across the country and can include both traditional fines and penalties that are meant to serve a corrective purpose. However, these fines can have devastating effects on children and their families, such as:

• Loss of freedom

• Interference with family property

• Damage to family relationships

The Supreme Court has recognized that young people have diminished culpability, or responsibility, for their actions due to their immaturity. Despite this, they still face harsh fines in the juvenile justice system.

Without a constitutional prohibition on excessive fines, states may not be motivated to limit these penalties. This creates a risk of abuse and unfair punishment.

The Excessive Fines Clause of the Eighth Amendment should be applied to the states to protect both adults and juveniles from excessive punishment and ensure fundamental fairness in the justice system.

Summary of Argument

Not only adults in criminal court but also thousands of young people in the juvenile justice system are facing unfair fines and fees.

The Eighth Amendment protects us from the government abusing its power to punish people. When courts charge people too much money, it's like the government is trying to squeeze money out of them unfairly.

Young people across the country are being charged fines that are too high. These fines can hurt them and their families in many ways, like:

• Losing their freedom

• Having their family's property taken away

• Breaking up families

The Supreme Court has said that young people are less responsible for their actions than adults. But they're still being charged these unfair fines.

The Excessive Fines Clause of the Eighth Amendment should be applied to the states. This would protect young people and everyone else from being punished too harshly.

Summary of Argument

When people break the law, they can be punished with fines, which means they have to pay money. But sometimes these fines can be too high, and that's not fair. This is especially a problem for kids who get in trouble with the law, because kids don't work and usually don't have any money of their own. This means their families have to pay the fines instead.

There's a rule in our country that says punishments shouldn't be too harsh and need to match the crime. This rule is called the Eighth Amendment. It's important because it protects people from being punished unfairly.

Kids all over the country can be fined for breaking the law. These fines can hurt kids and their families in many ways. They can lose their freedom, their homes, and even their families.

Some people are asking the highest court in the country to make sure that the Eighth Amendment protects kids from unfair fines. They believe that kids should be treated fairly because they're not as responsible for their actions as adults.

It's important to make sure that kids are punished fairly. The Eighth Amendment can help protect them from fines that are too harsh.