Fine
Encyclopedia
A fine is money paid usually to superior authority
, usually governmental authority, as punishment
for a crime
or other offence. The amount of a fine can be determined case by case, but it is often announced in advance.
The most usual use of the term, fine, relates to a financial
punishment for the commission of minor crimes or as the settlement
of a claim. A synonym, typically used in civil law
actions, is mulct.
One common example of a fine is money paid for violations of traffic
laws. Currently in English Common Law, relatively small fines
are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison
sentences where the judge
or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud
is often punished by very large fines since fraudsters are typically banned from the position or profession
they abused to commit their crimes.
Fines can also be used as a form of tax
. Money for bail
may be applied toward a fine.
A day-fine
is a fine that, above a minimum, is based on personal income.
Some fines are small, such as loitering
which can run about $25–$100. In some areas of the United States
(for example California
, New York
, Texas
, and Washington D.C.), there are petty crimes, such as criminal mischief (shouting in public places, projecting an object at a police car) that run between $2500–$5000.
, unless the context otherwise requires, the expression "fine", except for the purposes of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction.
In section 32 of that Act, the expression "fine" includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
In sections 15 to 32 and 48 of the Criminal Law Act 1977
, the expression "fine" includes any pecuniary penalty.
In England now there is a system whereby the court gives the offender a "fine card" which is somewhat like a credit card
; at any shop that has a paying-in machine he pays the value of the fine to the shop, which then uses the fine card to pass that money on to the court's bank account
.
Early examples of fines include the Weregild
or blood money
payable under Anglo-Saxon
common law
for causing a death. The murderer would be expected to pay a sum of money or goods dependent on the social status of the victim.
See also English criminal law#General power to impose a fine on indictment
Fines are counter-productive if the offender commits more offences to get the money to pay the fine.
The effect of a fine is lessened if the money to pay the fine is raised by contributions by the offender's associates, or if his family rather than himself go short to save back the lost money.
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
, usually governmental authority, as punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
for a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
or other offence. The amount of a fine can be determined case by case, but it is often announced in advance.
The most usual use of the term, fine, relates to a financial
FINANCIAL
FINANCIAL is the weekly English-language newspaper with offices in Tbilisi, Georgia and Kiev, Ukraine. Published by Intelligence Group LLC, FINANCIAL is focused on opinion leaders and top business decision-makers; It's about world’s largest companies, investing, careers, and small business. It is...
punishment for the commission of minor crimes or as the settlement
Settlement (law)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law.-Basis:...
of a claim. A synonym, typically used in civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
actions, is mulct.
One common example of a fine is money paid for violations of traffic
Traffic
Traffic on roads may consist of pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using the public way for purposes of travel...
laws. Currently in English Common Law, relatively small fines
Standard scale
The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...
are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
sentences where the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
is often punished by very large fines since fraudsters are typically banned from the position or profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
they abused to commit their crimes.
Fines can also be used as a form of tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
. Money for bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
may be applied toward a fine.
A day-fine
Day-fine
A day-fine or day fine or unit fine is a unit of fine payment that, above a minimum fine, is based on the offender's daily personal income. A crime is punished with incarceration for a determined number of days, or with fines. As incarceration is a financial punishment, in the effect of preventing...
is a fine that, above a minimum, is based on personal income.
Some fines are small, such as loitering
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
which can run about $25–$100. In some areas of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(for example California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, and Washington D.C.), there are petty crimes, such as criminal mischief (shouting in public places, projecting an object at a police car) that run between $2500–$5000.
England and Wales
In the Magistrates' Courts Act 1980Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
, unless the context otherwise requires, the expression "fine", except for the purposes of any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction.
In section 32 of that Act, the expression "fine" includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
In sections 15 to 32 and 48 of the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
, the expression "fine" includes any pecuniary penalty.
In England now there is a system whereby the court gives the offender a "fine card" which is somewhat like a credit card
Credit card
A credit card is a small plastic card issued to users as a system of payment. It allows its holder to buy goods and services based on the holder's promise to pay for these goods and services...
; at any shop that has a paying-in machine he pays the value of the fine to the shop, which then uses the fine card to pass that money on to the court's bank account
Bank account
A Bank account is a financial account recording the financial transactions between the customer and the bank and the resulting financial position of the customer with the bank .-Account types:...
.
Early examples of fines include the Weregild
Weregild
Weregild was a value placed on every human being and every piece of property in the Salic Code...
or blood money
Blood money (term)
Blood money is money or some sort of compensation paid by an offender or his family group to the family or kin group of the victim.-Particular examples and uses:...
payable under Anglo-Saxon
Anglo-Saxons
Anglo-Saxon is a term used by historians to designate the Germanic tribes who invaded and settled the south and east of Great Britain beginning in the early 5th century AD, and the period from their creation of the English nation to the Norman conquest. The Anglo-Saxon Era denotes the period of...
common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
for causing a death. The murderer would be expected to pay a sum of money or goods dependent on the social status of the victim.
See also English criminal law#General power to impose a fine on indictment
Arguments for and against
Fines are considered to be a cost-efficient and fair way of punishment for those who commit a non-violent offense. Lengthy prison sentences for minor offenses such as drug possession cost taxpayers more, remove otherwise productive citizens from society, and impose a fear on society as a whole because of over-policing and excessive prosecution.Fines are counter-productive if the offender commits more offences to get the money to pay the fine.
The effect of a fine is lessened if the money to pay the fine is raised by contributions by the offender's associates, or if his family rather than himself go short to save back the lost money.
See also
- AmercementAmercementAn amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. The term is of Anglo-Norman origin , and literally means "being at the mercy of": a-merce-ment .While it is often synonymous with a fine, it differs in that a fine is a fixed...
- Asset forfeitureAsset forfeitureAsset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
— in which the results of a crime and items used in a crime are seized - Penalty unitsPenalty unitsBreaches of statute law in Australia are usually prescribed in terms of penalty units or PUs. To establish a fine, multiply the number of penalty units by the amount....
- Standard scaleStandard scaleThe standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...