What is the test for imposing an excessive fine under the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Whitehead, C089967 (Cal. App. 2020):
" 'The Eighth Amendment prohibits the imposition of excessive fines. The word "fine," as used in that provision, has been interpreted to be " 'a payment to a sovereign as punishment for some offense.' " [Citation.]' [Citation.] The determination of whether a fine is excessive for purposes of the Eighth Amendment is based on the factors set forth in [People v. Bajakajian (1998) 524 U.S. 321 (Bajakajian)]. [Citation.]
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