[speedgibson] Speed Gibson: Fine Justice

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Posted by Speed Gibson:
Fine Justice
http://speedgibson.powerblogs.com/posts/1185076357.shtml


   You read a story almost every week how someone is sentenced with a
   pretty hefty fine. Scooter Libby, for example, received a $250,000
   fine. Closer to home, a Wisconsin [1]small businessman faces thousands
   of dollars in fines for selling gasoline below the state price-fixing
   levels. Then we have the asset forfeiture laws, with tragic
   consequences for the innocent in some cases. Finally, even traffic
   tickets are getting rather expensive, and double in work zones
   regardless of specific circumstances.
   I think we need to review this whole concept at every level of
   government, for in this case, it might actually be true that "women
   and minorities are hardest hit."
   Scooter Libby's offense was hardly serious in that it could happen to
   many of us if run through a gauntlet of questions and accusations,
   especially on an old matter we perceived of little importance at the
   time. And a $250,000 fine would bankrupt what, 80% of the population
   or more?
   If the purpose of a fine is to teach the convicted a lesson and send a
   warning to the rest of us, it doesn't work at all for the wealthy. A
   $200 traffic ticket is big money to a struggling family who happened
   to go 31 mph in a 30 mph zone in a speed trap city late in the month.
   It's nothing to say, Mike Cerisi or Carl Pohlad.
   If the purpose is to raise money for city operations to the point
   where it's a profit center, again this in effect discriminates against
   lower income citizens. It also can turn nice communities into speed
   traps.
   On the other hand, we can't just jail every offender, and caning just
   won't fly in America. No, fines are very appropriate for small
   offenses. I'll also concede that higher fines for say, health code
   inspection failures in restaurants have merit, given the consequences.
   But in general, fines should be like a kick in the pants, enough to
   matter, but not enough to make you question the process.
   I read that some European country has fines based on income, and I
   think we should look at this. What's fair? So many hours of work at
   your salary or average income? Or maybe no fines at first, in effect a
   suspended sentence that comes due with a second offense within the
   probationary period? Asset forfeiture laws which the Courts have
   amazingly tolerated should be repealed outright.
   There's something wrong if Wisconsin can fine an honest businessman
   $2,500 for selling a $3 gallon of gasoline he sells below his
   competition.

References

   1. http://www.scsuscholars.com/2007/07/unfair-sales.html