The Supreme Court Resuscitates the Eighth Amendment.

Ian Jeffrey

Council Hall
Mar 2013
75,771
44,651
Vulcan, down the street from Darth Vader
#1
Mar 2019
6,621
2,413
California
#2
The Supreme Court Resuscitates the Eighth Amendment
The justices strike a blow against policing for profit.


The Supreme Court unanimously decided in February of this year, in Timbs v. Indiana, 586 U. S. ____ (2019), that "[t]he Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause."

Hopefully, direct attacks on civil forfeiture will be next.
Yes.Especially "Punitive Damages".
 

Ian Jeffrey

Council Hall
Mar 2013
75,771
44,651
Vulcan, down the street from Darth Vader
#3
Yes.Especially "Punitive Damages".
Punitive damages - rare as they are, anyway - are not addressed by the 8th Amendment, which is about criminal cases, whereas "punitive damages" are a remedy in civil cases. And rarely are punitive damages an issue in any event; the controversial thing is usually "pain and suffering," which are a form of compensatory damages rather than punitive damages.
 
Mar 2019
6,621
2,413
California
#5
Punitive damages - rare as they are, anyway - are not addressed by the 8th Amendment, which is about criminal cases, whereas "punitive damages" are a remedy in civil cases. And rarely are punitive damages an issue in any event; the controversial thing is usually "pain and suffering," which are a form of compensatory damages rather than punitive damages.
Bull. Pain and Suffering are the way PI Lawyers get rich.
 

Ian Jeffrey

Council Hall
Mar 2013
75,771
44,651
Vulcan, down the street from Darth Vader
#6
Bull. Pain and Suffering are the way PI Lawyers get rich.
You obviously have no education in law. Lawyer fees are irrelevant to the legal nature of the different kinds of damages. You are making a partisan complaint that has nothing to do with the law.
 
Apr 2015
14,842
2,739
Katmandu
#7
The Supreme Court Resuscitates the Eighth Amendment
The justices strike a blow against policing for profit.


The Supreme Court unanimously decided in February of this year, in Timbs v. Indiana, 586 U. S. ____ (2019), that "[t]he Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause."

Hopefully, direct attacks on civil forfeiture will be next.
That's good news.
 

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