Means-Based Fining: Views of American Trial Court Judges

Abstract

A survey of 1,261 judges from general and limited jurisdiction courts across the United States shows that fines are used extensively as sanctions for a broad range of offenses. Judges evidence some concern about the legal and administrative difficulties of using fines against poor defendants. When asked about a European-style day-fine system, designed to set fine amounts on the basis of both the severity of the offense and the financial means of the offender, survey respondents were divided, but most felt that such a system could work in their courts.