[Speed Gibson,
Tuesday July 24, 2007 at 1:40pm]
Fine Justice
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 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 Asset forfeiture laws which the Courts have amazingly tolerated should be repealed outright.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.
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.