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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Missouri | Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978) |
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).
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After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs |
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v. + See moreLark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
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Enforcement |
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Missouri | Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) | Other applicable caselaw | Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law. |
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court + See moreshall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
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Enforcement |
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Missouri | Davis v. City of Charleston, Mo., 635 F.Supp. 197, 198-199 (1986) | upon raising inference that poverty is reason for non-payment rather than contempt, defendant is entitled to hearing on issue of indigency |
As stated in this Court's Memorandum and Order dated March 28, 1986: It must be remembered that the remedy § 560.031 intends is not an imprisonment for non-payment of fine + See moreas such, but a penalty by contempt of court for the failure to obey—either intentionally or by want of good-faith effort to comply—the sentence of the court.
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Ability to pay | |
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Virginia | Ohree v. Com., 26 Va. App. 299, 306, 494 S.E.2d 484, 488 (1998) | Other applicable caselaw |
"[T]he imposition of the cost of providing a jury does not impose an excessive or unnecessary burden upon the exercise of the right of a jury trial under the United + See moreStates Constitution."
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Fines and fees | |
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Virginia | Com. v. Sprinkles, 31 Va. 650, 650 (1833) |
"Indictment against four persons for an assault; they plead severally; and verdict, that they are guilty, assessing several fines on each: an attorney's fee is not to be taxed against + See moreeach, but only one attorney's fee against all the defendants."
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Fines and fees |