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
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Nebraska | State ex rel. Douglas v. Gradwohl, 194 Neb. 745 (1975) | Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. |
If it is constitutional for the Legislature to vary penalties according to its judgment of the seriousness of the offense, it may clearly mitigate the burden of costs as well. + See moreIt may be true that technically costs assessed are not part of the punishment or penalty for an offense. The plaintiff cites cases from other jurisdictions which so hold. However, it does not then necessarily follow that exempting a certain type or class of offense from the imposition of costs constitutes an unconstitutional classification.
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Fines and fees | |
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Arizona | State v. Phillips, 152 Ariz. 533, 535, 733 P.2d 1116, 1118 (1987) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | To some degree. Courts can only impose and collect revenue where the legislature provides for such action through statutory law. |
"Under either statute, the trial court is required to set the manner of payment of restitution. The trial court thus erred in ordering the probation department to set the manner + See moreof payment rather than setting the manner of payment itself."
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Fines and fees |