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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Tennessee | State v. Rose, No. C.C.A. 3, 1989 WL 22804, at *2 (Tenn. Crim. App. Mar. 15, 1989) (Daughtrey, J., concurring in part) | Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue? |
To some degree. Only the legislature can establish that conduct is criminal and is subject to a fine. Courts cannot impose a fine for behavior that the legislature has not + See morecriminalized
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The power to declare conduct to be criminal and to set forth the gradation of penalties for various offenses is a matter wholly within the power and discretion of the + See morelegislature, which discretion, exercised within constitutional limits, is not subject to review by the courts.
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Fines and fees |