NCJ Number
125005
Date Published
1990
Length
50 pages
Annotation
This study reviews empirical research and writing on the role of criminal fines in American sentencing, drawing on European experiences that are influencing current efforts in the United States to make the fine a more useful sanction.
Abstract
Fines are often used as criminal penalties in the United States but rarely as the sole sanction for more serious cases or for repeat offenders. In Western Europe, by contrast, fines are the most often imposed sentence for most crimes, including some serious ones, and are sometimes set by national policy to be the major alternative to imprisonment. This study indicates that in American courts, fines are used more widely and collected more frequently than has been believed; however, patterns of use vary widely. The major problem American judges face is their inability to set fines that are proportionate to offense severity but that are also equitable, given differences in offenders' ability to pay. "Day fines," well-developed in Western Europe, notably in West Germany and Sweden, are linked to both the offender's daily income and to offense severity. Day fines have proven effective in helping courts set fine amounts that are both proportionate and just. Some American courts are now adapting day fines to the American context. 6 tables, 72 references. (Author abstract modified)