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« Article on executive privilege | Main | Unusual move in George Zimmerman/Trayvon Martin »

SOCTUS on juries and criminal fines

Posted by David Hardy · 21 June 2012 10:48 AM

Southern Union v. U.S., handed down today. After a jury trial, Southern Union was convicted of violating the Resource Conservation and Recovery Act, the punishment for which includes a fine of up to $50,000 per day of violation. The trial court found that it had been in violation for 762 days, making the max $38 million, and it imposed fines of $18 million. Southern Union argued that any fine over the one-day max was unconstitutional, since the jury had not been asked to find how many days of violation were involved. The Supreme Court agreed, 6-3. It's an unusual split: the majority includes Sotomayor, Scalia and Ginsburg, while the dissent is Breyer, Kennedy, and Alito.

· General con law

2 Comments | Leave a comment

Sarah | June 22, 2012 6:19 AM | Reply

The money handed down in lawsuits sometimes amazes me. I can see fines, but $50,000 a day, is that really justifiable?

Veracitor | June 22, 2012 8:42 AM | Reply

That Breyer would dissent does not surprise me. He is a reliable vote for the government in any case involving punishment.

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