Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Maine | State v. Davenport, 138 A.3d 1205, 1208 (Me. 2016) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
|
Defendant's ability to pay must be considered for restitution costs, but defendant has burden of proof on showing inability to pay |
In addition to establishing the offender's burden at sentencing, the Legislature supplied the burden that applies on appeal: On appeal of a restitution order, the offender has the burden of + See moredemonstrating that the incapacity was proven as a matter of law. 17A M.R.S. § 1325(4) (enacted by P.L. 1997, ch. 413, § 3).
|
Ability to pay |
|
Add to Dashboard
|
Tennessee |
State v. Taylor, 70 S.W.3d 717, 723 (Tenn. 2002); State v. Smith, 898 S.W.2d 742, 747 (Tenn. Crim. App. 1994); Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564, + See moreat *4 (Tenn. Ct. App. Mar. 27, 2000)
|
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
|
In imposing fines, courts must consider the defendant's ability to pay, prior criminal history, potential for rehabilitation, financial means, and other mitigating and enhancing factors. The burden is on the + See moredefendant to prove a present inability to pay.
|
The trial court's imposition of a fine, within the limits set by the jury, is to be based upon the factors provided by the 1989 Sentencing Act, which include the + See moredefendant's ability to pay that fine, and other factors of judgment involved in setting the total sentence. Trial and appellate courts must also consider other factors, including prior history, potential for rehabilitation, financial means, and mitigating and enhancing factors that are relevant to an appropriate, overall sentence. The seriousness of a conviction offense may also support a punitive fine.
[T]he burden is on the contemner to prove inability to pay
|
Ability to pay |
|
Add to Dashboard
|
Tennessee | State v. Miller, No. W200200640CCAR3CD, 2003 WL 1618070, at *3 (Tenn. Crim. App. Mar. 28, 2003) | Are there limits to the states ability to recoup fees for counsel under the state constitution? |
In making its ability-to-pay determination, the court can require a defendant to pay as much as it determines the defendant is able to pay. It can modify this order if + See morethere is a change in the defendant's financial circumstances.
|
"If the court appoints counsel to represent an accused in a felony case under this section or in a misdemeanor case as required by law, but finds the accused is + See morefinancially able to defray a portion or all of the cost of the accused's representation, the court shall enter an order directing the party to pay into the registry of the clerk of such court such sum as the court determines the accused is able to pay. Such sum shall be subject to execution as any other judgment and may also be made a condition of a discharge from probation. The court may provide for payments to be made at intervals, which the court shall establish, and upon such terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances of the accused."
|
Ability to pay |
|
Add to Dashboard
|
Tennessee | Poole v. City of Chattanooga, No. E199901965COAR3CV, 2000 WL 310564, at *2 (Tenn. Ct. App. Mar. 27, 2000) | Other applicable caselaw | Defendants can be imprisoned for failure to pay fines if the court determines the person being imprisoned has the ability to pay the fine. | "[I]mprisonment for failure to pay a fine, which is allowed under T.C.A. § 29-9-104, so long as the person being imprisoned has the ability to pay the fine." | Ability to pay |
|
Add to Dashboard
|
Tennessee | State v. Dubrock, 649 S.W.2d 602 (Tenn.Crim.App.1983) | Defendant is entitled to ability-to-pay hearing whenever they claim indigency. |
"We think it is clear from the plain meaning of the statute that an indigency hearing must be held whenever a criminal defendant claims that he is financially unable to + See moreretain counsel. Furthermore, the legislature has placed no limits on the word whenever. Thus, an indigency hearing is required at any point that the defendant claims indigency."
|
Ability to pay |