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All Jurisprudence based

0 tracked cards Criminal Law

A penal law imposes a substantial fine for a serious offense. An accused argues that a large number alone makes it excessive, while the State says legislative enactment makes constitutional review impossible. Which is best?

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Payment of the fine makes any constitutional issue impossible in every case Only the prosecutor may interpret the Constitution The court must examine the penalty and circumstances under the constitutional standard; neither size alone nor statutory authorization conclusively resolves excessiveness The accused is automatically right because all large fines are excessive

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