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1 - Introduction

Published online by Cambridge University Press:  11 June 2021

Elena Kantorowicz-Reznichenko
Affiliation:
Erasmus Universiteit Rotterdam
Michael Faure
Affiliation:
Universiteit Maastricht, Netherlands
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Summary

A pecuniary sanction is a widespread criminal penalty and it is hard to think of a jurisdiction that does not have some form of such punishment. The most common pecuniary penalty is undoubtedly the fine. However, when we think about fines, we normally think about the most standard model where the size of the fine mainly depends on the severity of the offence. We refer to those fines as fixed fines, even though they might have other names in different criminal justice systems (for example summary fines, lump sum fines). A common feature of this type of fines is that the financial state of the offender does not play a systematic role in its calculation. This is not to say that the financial information is completely irrelevant. Some jurisdictions require accounting for the offender’s income or wealth and more particularly his or her capacity to pay the fine when deciding on its size. However, there is no requirement to account for it systematically and usually there are no guidelines on how the financial capacity should be considered.

Type
Chapter
Information
Day Fines in Europe
Assessing Income-Based Sanctions in Criminal Justice Systems
, pp. 1 - 7
Publisher: Cambridge University Press
Print publication year: 2021

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References

ALA. CODE § 12–25-32(2)(b)(8); OKLA. STAT. tit. 22, § 991a(A)(1)(y).Google Scholar
Albrecht, H. and Johnson, E. H. 1980. ‘Fines and Justice Administration: The Experience of the Federal Republic of Germany’, International Journal of Comparative and Applied Criminal Justice 4: 314.Google Scholar
Bartl, B. 2012. ‘The Day Fine-Improving Equality before the Law in Australian Sentencing’, University of Western Sydney Law Review 16: 4778.Google Scholar
Bentham, J. 1891. Theory of Legislation. Kegan Paul, Trench, Trübner & Co.Google Scholar
Farrell, P. G. 1990. ‘The Day-Fine Comes to America’, Buffalo Law Review 38: 591617.Google Scholar
Kantorowicz-Reznichenko, E. 2018. ‘Day Fines: Reviving the Idea and Reversing the (Costly) Punitive Trend’, American Criminal Law Review 55: 333–72.Google Scholar
Kantorowicz-Reznichenko, E. and Luining, E. 2016. ‘De Dagboete: Reden voor Nieuwe Overpeinzing?’, Trema Straftoemetingsbulletin 39(1): 613.Google Scholar
McDonald, D. C. et al. 1992. ‘Day Fines in American Courts: The Staten Island and Milwaukee Experiments’, National Institute of Justice, U.S. Department of Justice 136611, 2122.Google Scholar
Montesquieu, 2001. The Spirit of Laws. Kitchener, Ont.: Batoche Books.Google Scholar
Note, F. 1953. ‘Fines and Fining – An Evaluation’, University of Pennsylvania Law Review 101: 1013–30.Google Scholar
Vera Institute of Justice. 1995. ‘Structured Fines: Day Fines as Fair and Collectable Punishment in American Courts’, Vera Institute of Justice 1522.Google Scholar
Warner, K. 2012. ‘Equality Before the Law and Equal Impact of Sanctions: Doing Justice to Differences in Wealth and Employment Status’ in Zedner, L. and Roberts, J. V. (eds.), Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth. Oxford: Oxford University Press, pp. 225–43.Google Scholar
Winterfield, L. L. and Hillsman, S. T. 1993. ‘The Staten Island Day-Fine Project’, National Institute of Justice, U.S. Department of Justice Ncj 138538: 17.Google Scholar
Zedlewski, E. W. 2010. ‘Alternatives to Custodial Supervision: The Day Fine’, National Institute of Justice, U.S. Department of Justice Ncj 230401: 112.Google Scholar

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