CRIMINAL PROCEDURE - THE USE OF THE FINE AS A CRIMINAL SANCTION IN NEW JERSEY - SOME SUGGESTED IMPROVEMENTS

• NCJ Number: 30738
• Journal: Rutgers Law Review Volume: 28 Issue: 5 Dated: (SUMMER 1975) Pages: 1185-1202
• Author(s): ANON
• Date Published: 1975
• Length: 18 pages
• Corporate Author: Rutgers University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE CONSIDERS METHODS OF SETTING FINES AND ALTERNATIVES TO IMPRISONMENT FOR DEFAULTING DEFENDANTS AND SUGGESTS REFORMS IN THE IMPOSITION OF MONETARY FINES.

Abstract

THE AUTHOR MAINTAINS THAT THE GENERAL INEFFICIENCY WHICH PERVADES THE ENTIRE AREA OF FINE IMPOSITION AND FINE COLLECTION (A HIGH RATE OF UNCOLLECTED FINES AND THE FACT THAT FEW ARE SANCTIONED FOR UNCOLLECTED FINES) HAS BEEN CAUSED BY INEQUITABLE ASSESSMENT OF FINES. SUGGESTED ALTERNATIVES INCLUDE THE DAY-FINE SYSTEM (IMPOSITION OF FINES ACCORDING TO THE SEVERITY OF THE OFFENSE AND THE INDIVIDUALS'S ACTUAL ABILITY TO PAY), CALCULATING THE FINE AS A PERCENTAGE OF INCOME, PUBLIC WORKS EMPLOYMENT, AND JOB BANKS (WHICH WOULD PROVIDE INDIGENT DEFENDANTS WITH AN OPPORTUNITY TO PAY THEIR FINES). THE DAY-FINE SYSTEM IS RECOMMENDED FOR IMPLEMENTATION. IT IS ALSO SUGGESTED THAT A PRISON SENTENCE SHOULD NOT BE IMPOSED AS A SUBSTITUTE PUNISHMENT IF A FINE IS GIVEN AND AN INDIGENT DEFENDANT MAKES A GOOD FAITH EFFORT BUT STILL CANNOT PAY THE FINE.