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NYC May Start Charging Fines That Vary With Offender's Income
Nation and State ^ | 05/14/2023 | Tyler Durden

Posted on 05/14/2023 9:06:59 PM PDT by SeekAndFind

New York City council is considering a plan to impose fines for parking and other violations that are adjusted based on the income of the offender. Depending on one's point of view, it's either a step toward more proportionate justice or a deeper embrace of Marxism.

The proposal for a pilot program to test the concept comes from South Brooklyn Councilman Justin Brannan, whose colorful background includes being a hardcore punk guitarist for the bands Indecision and Most Precious Blood, and working in alternative-energy venture capital at Bear Stearns. New York City Councilman Justin Brannan (Matt Miller via New York Post)

Brannan didn't invent the varying-fine concept. It's been tried in a few US jurisdictions and several European countries. Typically, those programs are used when punishing felony or misdemeanor violations, but Brannan's scheme would apply to mere civil offenses.

If the program moves forward, it would apply to at least 10 local laws, and Brannan would like the higher rates to apply only to those with incomes over $500,000, whom he characterizes as comprising the dreaded top "1 percent."

"Fine amounts are arbitrary as it is so why should a public school teacher and a billionaire pay the same fine?" asked Brannan in an interview with Reason. For instance, a $115 ticket for a working family of four could be a real hardship whereas a $115 ticket for an individual making $500K is a joke and does absolutely nothing to change their behavior."

This type of income-dependent financial punishment is called a "day fine." Here's how it was explained by the Vera Institute of Justice's Judith Green in a 1990 paper:

"First, the court sentences the offender to a certain number of day-fine units (e.g., 15, 60, 120 units) according to the gravity of the offense, but without regard to his or her means. Then the value of each unit is set at a share of the offender's daily income (hence the name 'day fine'), and the total fine amount is determined by simple multiplication."

"Studies have shown that day-fine programs typically lead to more people actually paying their fines, in part because penalties that were once out of reach for low-income and middle-class residents become more manageable," reports the New York Times.

That's an attractive dynamic for a cash-strapped, migrant-smothered city like New York, which currently has $2 billion in civil fines that have gone unpaid since 2017. At the same time, it sounds like it would be a bureaucratic nightmare to administer.

If the purpose of a fine is to inflict pain and change behavior, one might -- perhaps grudgingly -- see some logic in the day-fine approach. Then again, many of those fines are just victimless-crime, government piracy dressed up in the name of "public safety."

Worst of all, the day-fine scheme is all too reminiscent of the overarching Marxist slogan, "From each according to his ability, to each according to his needs."


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: New York
KEYWORDS: communist; communistic; fines; income; nyc
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1 posted on 05/14/2023 9:06:59 PM PDT by SeekAndFind
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To: SeekAndFind
At the same time, it sounds like it would be a bureaucratic nightmare to administer.

It'll be easy for the Feds to do it because they have the IRS, but I'm not sure how NYC is going to pull this off?

2 posted on 05/14/2023 9:08:57 PM PDT by MinorityRepublican
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To: SeekAndFind

Some of the worse driving is done by operators of high end luxury cars (Audi, BMW, Mercedes).

A $200.00 speeding fine is chump change for them but a week’s grocery money for the rest of us.


3 posted on 05/14/2023 9:11:29 PM PDT by lightman (I am a binary Trintarian. Deal with it!)
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To: lightman

thing about speeding fines

you get too many

and they yank your license


4 posted on 05/14/2023 9:14:50 PM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: SeekAndFind

It’s so obvious that NYC wants to have residents who are:

HOMELESS
INDEGENT
ILLEGAL ALIANS
MURDERERS
THIEVES

TO BE SUPPORTED AND CARED FOR BY THE FEW RICH PEOPLE WHO ARE DUMB ENOUGH TO REMAIN.


5 posted on 05/14/2023 9:16:18 PM PDT by Maris Crane
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To: SeekAndFind

Using such guidelines in these challenging bidenomics/bidenflation times, they may have to start paying me from now on, for any and all miscellaneous vehicle and driving/parking violations I may produce.

6 posted on 05/14/2023 9:28:39 PM PDT by Songcraft
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To: lightman
Some of the worse [sic] driving is done by operators of high-end luxury cars (Audi, BMW, Mercedes). A $200.00 speeding fine is chump change for them but a week’s grocery money for the rest of us.

Some of the worst physical assaults, robberies, and thefts are committed by poor people. A month sitting in county jail is a vacation for them, and has no detrimental effect on their standing in the "community," but can threaten the economic existence and social standing of the rest of us.

Hence: Longer jail sentences for poor people!

Regards,

7 posted on 05/14/2023 9:42:23 PM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: lightman

Indeed it’s so.


8 posted on 05/14/2023 9:46:07 PM PDT by No name given (Anonymous is who you’ll know me as)
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To: lightman

In LA county the fine can be $20 for using your cell phone but after extra fees are added it will be $250
I imagine the $200 ticket could be $2,000


9 posted on 05/14/2023 10:20:11 PM PDT by minnesota_bound (Need more money to buy everything now)
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To: SeekAndFind
...day-fine programs typically lead to more people actually paying their fines...

If your criteria is "funding the government" this concept is wonderful.

BUT if your criteria is maximizing GDP of the nation, a guy earning $20/hr spending a lot of time looking for a parking place is no big deal, while a guy making $500k/year can just decide to park in an illegal spot, pay the fine, and the country will benefit from having his time spent doing something more productive than looking for a parking place.

10 posted on 05/14/2023 10:38:37 PM PDT by CurlyDave
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To: CurlyDave

hmmmm... “from each according ...”

Where have I heard that ?


11 posted on 05/14/2023 11:29:07 PM PDT by A strike ("The worse, the better."- Lenin (& Schwab & Soros)
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To: lightman

Finland has this.

One guy got a $103,000 speeding ticket.

https://www.theatlantic.com/business/archive/2015/03/finland-home-of-the-103000-speeding-ticket/387484/

This is what Democrats want.


12 posted on 05/15/2023 12:33:55 AM PDT by sloanrb
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To: SeekAndFind

” For instance, a $115 ticket for a working family of four could be a real hardship whereas a $115 ticket for an individual making $500K is a joke and does absolutely nothing to change their behavior.””

Charging people nothing for criminal violations doesn’t exactly do anything to change their behavior either. It actually encourages criminal actions.


13 posted on 05/15/2023 12:48:43 AM PDT by CFW (old and retired)
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To: CFW

Speeding tickets are nothing but stealth taxation.


14 posted on 05/15/2023 1:40:24 AM PDT by JVahey
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To: alexander_busek

Doesn’t matter, those who do the right thing have a job pay their bills have a house and a family are on the hook those who don’t will not pay whether its 20 dollars or 200


15 posted on 05/15/2023 1:49:58 AM PDT by ronnie raygun
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To: lightman
Some of the worse driving is done by operators of high end luxury cars (Audi, BMW, Mercedes).

Amen to that, brother, amen. I almost hate seeing one of these b@$t@rds on the road with me. You can generally predict their behavior. They drive like they're very important people, with somewhere very important to get to in a hurry, and you peasants better not get in my way.

16 posted on 05/15/2023 3:08:13 AM PDT by Hardastarboard (Don't wish your enemy ill; plan it. )
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To: Hardastarboard

Hey they think we should feel fortunate to see their fancy cars! Chevy Chevette😉


17 posted on 05/15/2023 3:59:47 AM PDT by urbanpovertylawcenter (the law and poverty collide in an urban setting and sparks fly)
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To: SeekAndFind
NYC May Start Charging Fines That Vary With Offender's Income

Should be challenged in NY courts and SCOTUS. 14th amendment comes to mind.

18 posted on 05/15/2023 4:07:25 AM PDT by JesusIsLord
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To: SeekAndFind

I think this is already done in some European countries.


19 posted on 05/15/2023 4:12:09 AM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Lazamataz

The UK is doing it...

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/5-approach-to-offenders-on-low-income/


20 posted on 05/15/2023 4:20:44 AM PDT by mewzilla (We will never restore the republic if we don't first secure the ballot box.)
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