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In Timbs v. Indiana today, the Supreme Court held that the Eighth Amendment prohibition against excessive fines is incorporated against the states under the Due Process Clause — not the Privilege and Immunities Clause — of the 14th Amendment. In doing so, the Court explicitly rejected Indiana’s argument that a civil forfeiture is not a “fine” and thus its “excessiveness” may not be reviewed. The Court’s ruling has significant implications for the practice of civil forfeiture in the United States, for broader criminal justice policy, and for constitutional interpretation.
Vikrant Reddy joins us to discuss the decision and its implications
Featuring:
Vikrant Reddy, senior research fellow, Charles Koch Institute
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