Written by attorneys · grounded in primary & secondary sources — see below
A monetary penalty imposed by a court or government authority upon conviction of an offense or violation of law. The sanction serves punitive and deterrent purposes and may be imposed even when incarceration is unavailable.
Sources & Authorities· 12 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Warrantless Misdemeanor Arrest
Francois Fortier is cited for a minor traffic offense punishable only by a $50 fine. An officer observes the violation and arrests him on the spot without a warrant. The arrest is upheld because the Fourth Amendment allows custody for fine-only misdemeanors committed in the officer's presence.
Excessive Fine Challenge
Farah Fox is ordered to pay a $100,000 fine for a regulatory violation carrying a statutory maximum of $2,000. She argues the amount violates the Eighth Amendment. The court must determine whether the fine is grossly disproportionate to the offense.
Fernando Farrell is convicted under a state abortion statute and sentenced to pay a $1,000 fine. The statute authorizes the fine as an alternative to imprisonment. The penalty is imposed after the court determines the conduct falls outside statutory exceptions.
Roe v. Wade410 U.S. 113 (1973)
Truancy Fine for Amish Parents
Finn Fletcher and his spouse are convicted of violating compulsory school attendance laws and each fined $5. They defend on religious grounds but the fine is imposed after the court finds the statute constitutional as applied.
Wisconsin v. Yoder406 U.S. 205 (1972)
Punitive Award Compared to Statutory Fines
Flagship Logistics is hit with a $2 million punitive damages award for deceptive practices. The court notes that the maximum civil fine under state law is only $2,000 and uses that disparity to assess whether the award is excessive.
BMW of North America, Inc. v. Gore517 U.S. 559, 575, 580-81 (1996)
Bias from Pecuniary Interest in Fines
Mayor Tom Tunney presides over cases in which his salary is supplemented by fines he imposes. A defendant challenges the conviction on due-process grounds. The Supreme Court holds the financial interest in levying fines creates an unconstitutional risk of bias.
Common questions
Frequently Asked
3
When may an officer arrest without a warrant for an offense punishable only by a fine?+
An officer may arrest without a warrant when the misdemeanor is committed in the officer's presence even if the offense carries no jail time.
Supporting sources
What constitutional limit applies to the amount of a fine?+
The Eighth Amendment prohibits excessive fines. Courts assess whether the fine is grossly disproportionate to the gravity of the offense.
Supporting sources
May a court revoke probation solely because a defendant cannot pay a fine?+
No. A court must first determine that the defendant willfully refused to pay despite ability or that no adequate alternatives exist before revoking probation and imposing incarceration.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result, and shall be fined not less than one hundred nor more than one thousand dollars. "Art. 1194. Murder in producing abortion "If the death of the mother is occasioned by an abortion so produced or by an…