Fine (penalty)

A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law[1] or other authority decides has to be paid as punishment for a crime or other offense.[2][3][4][5] The amount of a fine can be determined case by case, but it is often announced in advance.[6]

A warning sign in Singapore that states the fee for releasing vehicles that are immobilized with wheel clamps by private security in a non-public area
A parking attendant issuing a fine for illegal parking in Seattle, Washington, 1960

The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim.

One typical example of a fine is money paid for violations of traffic laws. In English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. For instance, fraud is often punished by substantial fines since fraudsters are typically banned from the position or profession they abused to commit their crimes.

Fines can also be used as a form of tax. Money for bail may be applied toward a fine.

A day-fine is a fine that, above a minimum, is based on personal income (similar to progressive taxation),[7] as opposed to a fine of a fixed amount. Day-fines are often implemented to alleviate some of the burden on people experiencing poverty, who might otherwise have issues paying/affording some fines.[8]

Some fines are small, such as for loitering, for which fines (in the United States) range from about $25 to $100.[9][obsolete source] In some areas of the United States (for example California, New York, Texas, and Washington D.C.), fines for petty crimes, such as criminal mischief (shouting in public places, projecting an object at a police car) range from $2,500 to $5,000. [10][obsolete source]

  1. ^ Amato, Albert (2010). "Reference Guide to Reinsurance 2010 Edition". Business Insurance: 219.
  2. ^ Epstein, Isidore (1936). "The Babylonian Talmud ...: Seder Nashim. 4 v. 1936". The Babylonian Talmud. 4. Soncino Press: 191.
  3. ^ "American Jobs Creation Act of 2004". Conference Report to Accompany H.R. 4520. U.S. Government Printing Office: 675. 2004.
  4. ^ Willison, David (1819). The Edinburgh Review: 446. {{cite journal}}: Missing or empty |title= (help)
  5. ^ Wolf, Samuel Marione; McLure, J. C.; Lewis, William Wallace; Barksdale, C. D.; Wetmore, Silas MacBee (1922). Code of Laws of South Carolina, 1922. Vol. 3. p. 256.
  6. ^ Bray, Samuel (2012). "Announcing Remedies". Cornell Law Review. 97. SSRN 1967184.
  7. ^ Friedman, GM (1983). "The West German Day-Fine System: A Possibility for the United States?". The University of Chicago Law Review. 50 (1): 281–304. doi:10.2307/1599387. JSTOR 1599387.
  8. ^ Schierenbeck, Alec (December 2018). "The Constitutionality of Income-Based Fines". The University of Chicago Law Review. 85 (8): 1869–1925.
  9. ^ MacDonell, Savannah (Ga.)., Alexander Harrison (1907). The Code of the City of Savannah of 1907 Containing the Charter of City of Savannah with General State Laws Affecting Municipal Corporations, Also Ordinances Adopted by the Mayor and Aldermen of the City of Savannah, Now of Force, with an Appendix ... Harvard University: Morning News Print. p. 153.{{cite book}}: CS1 maint: multiple names: authors list (link)
  10. ^ Tariff League, American Protective (1918). "American Economist Volumes 61-62". American Economist. 61–62. University of Minnesota: American Protective Tariff League: 10.

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