Legal Definitions - excessive fines

Excessive fines refer to monetary penalties or forfeitures of property that are deemed to be grossly disproportionate to the crime committed. The Eighth Amendment of the United States Constitution protects against excessive fines, both in criminal and civil cases.

• In United States v. Bajakajian, a defendant was required to forfeit the entire $357,144 he used in connection with bulk cash smuggling. The court determined the fine was unconstitutional, reasoning that the forfeiture was grossly disproportionate to the crime.
• In United States v. Jose, the court considered whether the forfeiture of the entire $114,948 used for bulk cash smuggling was grossly disproportional to the crime. The court determined that it was not.

These examples illustrate how the courts determine whether a fine is excessive or not. They consider factors such as the defendant's financial resources, the burden of the fine, and the harm caused by the defendant. If a fine is deemed to be grossly disproportionate to the crime committed, it violates the Eighth Amendment's protection against excessive fines.