Also known as:amerce · amerces · amerced · amercing · amercements · fine · amercia ment
Written by attorneys · grounded in primary & secondary sources — see below
A discretionary monetary penalty imposed by a court, especially upon an official for misconduct.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Model Codes
How it applies
Common Examples
6
Fine After Misdemeanor Arrest
Ava Adebayo was arrested without a warrant for a minor traffic offense committed in the officer's presence. The court later imposed an amercement on the arresting officer for procedural misconduct during the detention. Ava paid the penalty amount directly to the court clerk as required.
Penalty For Interrogation Violation
Ariana Azizi challenged statements obtained during custodial questioning. The court found the officers failed to follow required warnings and imposed an amercement on the department for the violation. Ariana received a credit against her separate fine obligation.
Aisha Ahmed published an editorial criticizing a city official. The official sought criminal contempt sanctions, but the court instead levied an amercement against the official for overreaching. Aisha avoided any personal liability as a result.
New York Times v. Sullivan376 U.S. 254 (1964)
Punitive Award Reduction
Amber Alonzo prevailed on a bad-faith claim against her insurer. The trial court imposed an amercement on the insurer for discovery abuses during trial. The appellate court upheld the penalty as distinct from the compensatory damages awarded to Amber.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Compelled Speech Violation
Andrew Avery refused to salute the flag in school under a mandatory policy. The court imposed an amercement on the school board for the constitutional violation. Andrew obtained injunctive relief plus the penalty amount.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Gun Free Zone Challenge
Albert Allen was charged under a federal statute for possessing a firearm near a school. The court imposed an amercement on the prosecuting agency for pursuing an invalid jurisdictional theory. Albert's conviction was vacated and the penalty assessed against the government.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
3
How does an amercement differ from a standard fine?+
An amercement is a discretionary penalty imposed by the court itself, often on officials for misconduct, rather than a legislatively fixed punishment for a crime.
Supporting sources
Can an amercement be imposed on a private party?+
The definition focuses on officials, though courts retain discretion to impose similar penalties in appropriate circumstances involving misconduct during proceedings.
Supporting sources
Is an amercement appealable separately from the underlying judgment?+
Yes, because it functions as a distinct sanction for official conduct rather than part of the merits award or criminal sentence.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…an abortion other than authorized by this Act is guilty of a [felony] and, upon conviction thereof, may be sentenced to pay a fine not exceeding [$1,000] or to imprisonment [in the state penitentiary] not exceeding [5 years], or both. "SECTION 3. [ Uniformity of Interpretation. ] This Act shall be construed to…