Year: 2024
Type: article
Abstract: Debts, ability to pay, and fines – Insights into the justification of fine imposition in cases of financial problems among defendants A significant proportion of people involved in the criminal justice system face problematic debts. When determining the amount of a monetary fine, the court must consider a defendant’s ability to pay. However, the law provides minimal guidance on how to account for limited financial capacity. In this study, we examine how limited financial capacity is explicitly addressed in sentencing motivations when imposing a fine. The analysis reveals considerable variability in how the financial difficulties of defendants are referenced as a sentencing factor in judicial decisions.
Source: PROCES
Authors: Rosa Koenraadt, Kees Dam, Pauline Schuyt
Institution: Leiden University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4405007633
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