NCJ Number
198111
Journal
Corrections Compendium Volume: 27 Issue: 11 Dated: November 2002 Pages: 1- 5,26,27
Date Published
November 2002
Length
7 pages
Annotation
This document discusses the factors of fining, including what type of offender gets fined, under what circumstances, and for how much.
Abstract
The use of fines and other intermediate sanctions are likely to increase as courts look for cost-effective sanctions. It is helpful to gain a better understanding of the factors that affect the practice of fining. Fines can be used to achieve several different sentencing goals. Fines do not incapacitate, yet they are seen as serving deterrent, punitive, and rehabilitative functions. There appears to be a large amount of reluctance on the part of the judiciary and the public to use fines. Many jurisdictions actually prohibit the use of fines for certain offenses. Although fines are used extensively in serious motor vehicle violations, there is no discernable pattern of when fines are used, and there are substantial differences between countries and across different offense types within the United States. Fines are used in approximately 21 percent of all felony cases. The use of fines on the Federal level appears to be around 13 percent of all cases. Eighty percent of all lower-court sentences have a fine component. Judges in courts of limited jurisdiction used fines in approximately half of all cases. Judges typically impose fines based on the “going rate” and these tend to be well below the statutory maximum. It appears that the average fine amount in the United States felony and misdemeanor cases is lower than $100. The disposition of fines is more closely related to offender characteristics compared with dispositions of probation and jail, which are driven largely by offense type. The amount of fines and who gets fined depend on the defendants’ financial means. Fines are used primarily for low-level offenses and low-risk offenders. Offenders that are older, employed, with little or nor prior record, and are convicted of a minor offense are most likely to be fined. Rural and suburban counties are more likely to fine than urban counties. 1 figure, 2 tables, 2 endnotes, 16 references