Question 31 of 50

How are fines generally viewed in the hierarchy of possible punishments?

According to the text, what constitutional clause did the Supreme Court find was violated by fines that punish poor people more harshly than rich people in Tate v. Short (1971)?

What practice did courts begin using after the Tate v. Short decision to permit poor defendants to pay fines?

In Austin v. United States (1993), the Supreme Court ruled that civil forfeiture is subject to the limitations of which constitutional provision?

Which of the following is NOT one of the three factors the Illinois Supreme Court considers when determining the 'excessiveness' of a forfeiture?

According to the ruling in United States v. Ursery (1996), why is the double jeopardy prohibition not triggered by a criminal trial and a separate civil forfeiture hearing?

What is the primary goal of a restitution order as described in the text?

What is a key function of the victims' compensations commissions mentioned in the text?

In the 2019 case of Timbs v. Indiana, what did the Supreme Court decide regarding the Eighth Amendment's excessive fines clause?

What did the Civil Asset Forfeiture Reform Act of 2000 require the government to show to prove property was used in a criminal venture?

What right for the property owner was established in United States v. James Daniel Good Real Property (1993) to satisfy due process?

What was a significant limitation imposed by Oregon's Ballot Measure 3, the Oregon Property Protection Act of 2000?

Which of the following is NOT a type of cost that can be included in a restitution order, according to the text?

What issue regarding fines led to the use of installment plans for poor defendants?

In Bennis v. Michigan (1996), what was the Supreme Court's ruling regarding the forfeiture of property from an innocent owner?

What is a practical challenge mentioned in the text regarding the ordering of restitution?

What was the statute of limitations for the government to act on a forfeiture claim set by the Civil Asset Forfeiture Reform Act of 2000?

Under what circumstances can a judge order a defendant to pay restitution, even if charges are dismissed?

What is the key difference between the burden of proof required by the federal Civil Asset Forfeiture Reform Act and Oregon's Ballot Measure 3?

Which of the following monetary punishments is described as 'payment to a sovereign as punishment for some offense' in the case of Austin v. United States?

What federal law allows for civil forfeiture, the process by which the government confiscates the proceeds of criminal activities?

In the case of Timbs v. Indiana, the Supreme Court found the forfeiture of Timbs' $42,000 land rover to be an excessive fine in relation to what underlying crime?

What is the primary distinction between restitution and a fine?

The text states that judges are given extremely broad discretion in setting the amounts for which type of monetary punishment?

What does the term 'offense' generally refer to in the context of this chapter on punishments?

Which statement best describes the Supreme Court's stance on the Eighth Amendment's excessive fines clause before the Timbs v. Indiana decision?

What is a potential negative consequence mentioned in the text for poor defendants who use court-approved installment plans to pay fines?

What is the primary reason that laws allowing forfeiture of property used in illicit drug activity are described as 'particularly controversial'?

What entity did the Supreme Court leave with the task of determining the test for 'excessiveness' in forfeiture cases after the Austin v. United States decision?

How does the Civil Asset Forfeiture Reform Act of 2000 aim to protect innocent owners?

What type of punishment did older criminal codes, according to the text, sometimes not authorize for murder?

In the Pennsylvania case mentioned in the text, was the forfeiture of a house used as a base of operations for a drug business considered excessive?

What system has been established in several states to assist crime victims when offenders are unable to pay restitution?

How can restitution be ordered for parties other than the direct victim?

What is the primary legal challenge defendants have unsuccessfully raised against civil forfeiture when it follows a criminal trial?

The text mentions a case where a $357,144 forfeiture was found to be 'grossly disproportionate.' What was the underlying offense in that federal case?

According to the text, what is one way that victims' compensation commissions 'make them whole'?

What type of monetary punishment is defined as supplementing imprisonment or probation, or sometimes being the sole punishment?

What was the Supreme Court's reasoning in Tate v. Short regarding sentences like 'thirty dollars or thirty days'?

The Civil Asset Forfeiture Reform Act of 2000 made it a crime to do what in order to prevent seizure?

Which monetary sanction is specifically identified as being part of a 'regulatory scheme'?

What is the key similarity between the Illinois Supreme Court's test for forfeiture excessiveness and the Supreme Court's finding in Timbs v. Indiana?

Under the Illinois Supreme Court's three-factor test, what does the second factor, 'whether the property was an integral part of the illicit activity,' evaluate?

What is the main advantage of victims' compensation commissions for the victim?

Which monetary sanction's constitutionality was upheld in Bennis v. Michigan even when the owner was unaware of its criminal use?

How did Oregon's Ballot Measure 3 change the standard of proof for the government in forfeiture cases compared to the federal standard?

Which legal concept is defined as the 'return of a sum of money, an object, or the value of an object that the defendant wrongfully obtained'?

What does the text suggest is the main purpose of civil forfeiture laws, especially concerning illicit drug activity?

What is the primary difference in who benefits from restitution versus who benefits from civil forfeiture?