Tate v. Short, 401 U.S. 395 (1971). · Go Syfert
Tate v. Short, 401 U.S. 395 (1971). Cases Citing This Book View Copy Cite
Quick Summary

The Constitution prohibits a state from automatically converting a fine into a jail term solely because a defendant is indigent and unable to pay the fine.

An indigent defendant was sentenced to pay fines for multiple traffic offenses and was subsequently committed to a municipal prison farm because he was unable to pay. The defendant challenged his imprisonment via a writ of habeas corpus, alleging his poverty made the sentence unconstitutional. The court must determine if the state violates the Equal Protection Clause by automatically converting a fine into a jail term solely because a defendant is indigent and cannot pay the fine in full. The court holds that the Constitution prohibits a state from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent.

2,674 citation events (585 in the last 25 years) across 164 distinct courts.
Negative lean: DC  ·  Positive lean: 6th, 9th, 3rd, 7th, 5th, 10th, 8th, 4th, 1st, 2nd, 11th
Strongest positive: Joaquin De Jesus Blanco v. State of Florida (ca11, 2020-06-05) · Strongest negative: Siamack Zaimi v. United States (cadc, 1973-02-07)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Siamack Zaimi v. United States (3×)
D.C. Cir. · 1973 · signal: but see · confidence high
But see Tate v. Short, 401 U.S. 395 , 91 S.Ct. 668 , 28 L.Ed.2d 130 (1971).
discussed Cited as authority (verbatim quote) Joaquin De Jesus Blanco v. State of Florida
11th Cir. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.
examined Cited as authority (verbatim quote) Dubon Miranda v. Barr
D. Maryland · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the constitution's equal protection clause prohibits the state from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.
examined Cited as authority (verbatim quote) Brangan v. Commonwealth
Mass. · 2017 · quote attribution · 1 verbatim quote · confidence high
generally, 'the constitution prohibits the state from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full
discussed Cited as authority (verbatim quote) State v. Johnson
Wash. · 2014 · quote attribution · 1 verbatim quote · confidence high
we emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.
discussed Cited as authority (verbatim quote) State v. Johnson
Wash. · 2014 · quote attribution · 1 verbatim quote · confidence high
we emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so.
examined Cited as authority (quoted) United States v. Nathanson (3×)
C.D. Cal. · 2013 · quote attribution · 3 verbatim quotes · confidence low
the constitution prohibits the state from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forth with pay the fine in full.
examined Cited as authority (quoted) People of Michigan v. Selesa Arrosieur Likine (2×)
Mich. · 2012 · quote attribution · 2 verbatim quotes · confidence low
the constitution prohibits the state from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.
cited Cited as authority (rule) Philip Kaso, et al. v. James L. Mitchell, in his official capacity as Superintendent of West Virginia State Police
S.D.W. Va · 2026 · confidence medium
Williams v. Illinois, 399 U.S. 235, 242 (1970); Tate v. Short, 401 U.S. 395, 399 (1971).
discussed Cited as authority (rule) State of Iowa v. Christopher Joseph Hidlebaugh (2×)
Iowa · 2026 · confidence medium
Cf. State v. Nordahl, 680 N.W.2d 247, 251 (N.D. 2004) (distinguishing Bearden, in which “restitution was imposed by the court as a part of Bearden’s sentence,” from the situation of a defendant who had “agreed to the restitution amount and agreed to the due date in a plea agreement”). 23 statutory maximum solely by reason of their indigency” (emphasis added) (quoting Williams, 399 U.S. at 242)); id. (noting that the state cannot “impos[e] a fine as a sentence and then automatically conver[t] it into a jail term solely because the defendant is indigent and cannot forthwith pay the…
cited Cited as authority (rule) State v. T.W.C.
Ohio Ct. App. · 2026 · confidence medium
In Tate v. Short, 401 U.S. 395, 397-398 (1971), the Supreme Court struck down a Texas law that punished an offense with fines only, and required those unable to pay the fines to serve a prison term.
discussed Cited as authority (rule) The People of the State of Colorado, Petitioner/Cross-Respondent: v. Kari Mobley Kennedy, Respondent/Cross-Petitioner:
Colo. · 2025 · confidence medium
Mitchell, 588 U.S. at 851 (first quoting South Dakota v. Neville, 459 U.S. 553, 558 (1983); and then quoting Tate v. Short, 401 U.S. 395, 401 (1971) (Blackmun, J., concurring)). ¶34 Importantly, the Supreme Court cited the effectiveness of state DUI laws in reducing alcohol-related fatalities, particularly laws which increased penalties for recidivist drunk drivers or drivers with higher blood alcohol content ("BAC") levels.
cited Cited as authority (rule) Jesus Pimentel v. City of Los Angeles
9th Cir. · 2024 · confidence medium
See Williams v. Illinois, 399 U.S. 235, 238 (1970); Tate v. Short, 401 U.S. 395, 398 (1971).
cited Cited as authority (rule) Johnson 229891 v. Miniard
W.D. Mich. · 2024 · confidence medium
Tate v. Short, 401 U.S. 395, 398 (1971) (quoting Morris v. Schoonfield, 399 U.S. 508, 509 (1970) (White, J., concurring)).
cited Cited as authority (rule) State v. R. Gibbons
Mont. · 2024 · confidence medium
Bearden, 461 U.S. at 671 , 103 S. Ct. at 2072 ; Tate v. Short, 401 U.S. 395, 397-98 , 91 S. Ct. 668, 670-71 (1971).
discussed Cited as authority (rule) Torres v. Collins
E.D. Tenn. · 2023 · confidence medium
In terms of post-conviction fines, court costs, and restitution, the Supreme Court has held that although States are “not powerless to enforce judgments against those financially unable to pay[,]” Williams v. Illinois, 399 U.S. 235, 244 (1970), equal protection and due process principles prohibit “imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Tate v. Short, 401 U.S. 395, 398 (1971).
discussed Cited as authority (rule) State of Iowa v. Tiffany Sue McCalley (2×) also: Cited "see, e.g."
Iowa · 2022 · confidence medium
Both our court and the United States Supreme Court have concluded that it is unconstitutional for the state to “impos[e] a fine as a sentence and then automatically conver[t] it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Id. at 664–65 (quoting Tate v. Short, 401 U.S. 395, 398 (1971)); State v. Snyder, 203 N.W.2d 280 , 290–91 (Iowa 1972).
discussed Cited as authority (rule) Beck v. Elmore County
Idaho · 2021 · confidence medium
See, e.g., Williams v. Illinois, 399 U.S. 235, 244 (1970) (holding “that the Equal Protection Clause of the Fourteenth Amendment requires that the statutory ceiling placed on imprisonment for any substantive offense be the same for all defendants irrespective of their economic status”); Tate v. Short, 401 U.S. 395, 398 (1971) (quoting Morris v. Schoonfield, 399 U.S. 508, 509 (1970)) (“[T]he Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in …
discussed Cited as authority (rule) People v. Portilla CA2/2
Cal. Ct. App. · 2021 · confidence medium
(See Bearden v. Georgia (1983) 461 U.S. 660, 665 , 667–668 [ 103 S.Ct. 2064 , 76 L.Ed.2d 221 ]; Tate v. Short (1971) 401 U.S. 395, 398 [ 91 S.Ct. 668 , 28 L.Ed.2d 130 ] [“ ‘the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full’ ”].) Finally, the fines and fees imposed in this case are not excessive.
discussed Cited as authority (rule) Daves v. Dallas Cty
5th Cir. · 2020 · confidence medium
The Plaintiffs characterize the caselaw as involving the convergence of equal-protection and substantive-due-process principles that prevents individuals from being “subjected to imprisonment solely because of [their] indigency.” See Tate v. Short, 401 U.S. 395, 398 (1971).
discussed Cited as authority (rule) People v. Boice CA2/2
Cal. Ct. App. · 2020 · confidence medium
(See Bearden v. Georgia (1983) 461 U.S. 660, 665 , 667–668; Tate v. Short (1971) 401 U.S. 395, 398 [“ ‘the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full’ ”].) Finally, the fines and fees imposed in this case are not excessive.
discussed Cited as authority (rule) People v. Downey CA2/2
Cal. Ct. App. · 2020 · confidence medium
(People v. Souza (2012) 54 Cal.4th 90, 143 .) Its “(1) Must a court consider a defendant’s ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant’s inability to pay?” (People v. Hicks, S258946, <https://appellatecases.courtinfo.ca.gov/search/case/mainCaseScr een.cfm?dist=0&doc_id=2302457&doc_no=S258946&request_toke n=NiIwLSEmXkw8W1BZSCNNTEtIUEQ0UDxTJiBeIz5SUCAg Cg%3D%3D> [as of Apr. 20, 2020], archived at <https://perma.cc/M53U-K638>.) 15 imposition without regard to present ability to pay there…
examined Cited as authority (rule) Kelvin Leon Jones v. Governor of Florida (3×) also: Cited "see, e.g."
11th Cir. · 2020 · confidence medium
See also Williams v. Illinois, 399 U.S. 235, 241 (1970) (holding that a state cannot subject convicted defendants to a period of imprisonment beyond the statutory maximum solely because they are too poor to pay the fine imposed); Tate v. Short, 401 U.S. 395, 398 (1971) (holding that a state cannot convert a fine into a jail term solely because the defendant is indigent and cannot immediately pay the fine in full).
examined Cited as authority (rule) Kelvin Leon Jones v. Governor of Florida (3×) also: Cited "see, e.g."
11th Cir. · 2020 · confidence medium
See also Williams v. Illinois, 399 U.S. 235, 241 (1970) (holding that a state cannot subject convicted defendants to a period of imprisonment beyond the statutory maximum solely because they are too poor to pay the fine imposed); Tate v. Short, 401 U.S. 395, 398 (1971) (holding that a state cannot convert a fine into a jail term solely because the defendant is indigent and cannot immediately pay the fine in full).
discussed Cited as authority (rule) Motley v. Taylor
M.D. Ala. · 2020 · confidence medium
See Bearden, 461 U.S. 660 ; Tate v. Short, 401 U.S. 395, 399 (1971) (“Since Texas has legislated a ‘fines only’ policy for traffic offenses, that statutory ceiling cannot, consistently with the Equal Protection Clause, limit the punishment to payment of the fine if one is able to pay it, yet convert the fine into a prison term for an indigent defendant without the means to pay his fine.”); Williams v. Illinois, 399 U.S. 235 , 240–41 (1970) (holding that Illinois’s practice of extending a prisoner’s sentence beyond the maximum authorized by the statute of conviction because of a p…
discussed Cited as authority (rule) Muhammad v. Wiles
W.D. Tex. · 2020 · confidence medium
He also claims that he has been deprived of a liberty interest based on the well-established principle that an indigent criminal defendant may not be imprisoned “solely because of his indigency.” Tate v. Short, 401 U.S. 395, 398 (1971).
examined Cited as authority (rule) Kelvin Leon Jones v. Governor of Florida (3×)
11th Cir. · 2020 · confidence medium
If a felon is truly indigent and unable to pay his LFOs, Florida’s requirement “obviously does not serve [revenue collection]; the defendant cannot pay because he is indigent.” Tate v. Short, 401 U.S. 395, 399 (1971); cf. Bearden, 461 U.S. at 670–71 (“Revoking the probation of someone who through no fault of his own is unable to make restitution will not make restitution suddenly forthcoming.
examined Cited as authority (rule) Ziahonna Teagan v. The City of McDonough, Georgia (3×) also: Cited "see"
11th Cir. · 2020 · confidence medium
The Court held that “the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Id. at 398.
discussed Cited as authority (rule) United States v. Sergio Bahena
5th Cir. · 2019 · confidence medium
The Supreme Court has articulated constitutional parameters for court- ordered confinement resulting from a failure to pay fines and restitution— parameters meant to avoid imprisoning defendants “solely by reason of their indigency.” Williams v. Illinois, 399 U.S. 235, 242 (1970); see Bearden v. Georgia, 461 U.S. 660, 661-62 (1983); Tate v. Short, 401 U.S. 395, 398 (1971).
discussed Cited as authority (rule) People v. Santos
Cal. Ct. App. · 2019 · confidence medium
(See Williams v. Illinois (1970) 399 U.S. 235, 244 [relying on Griffin and holding that state scheme permitting indigent defendants to be incarcerated beyond the statutory maximum term for their offense because of 4 nonpayment of a fine violated the Equal Protection Clause]; Tate v. Short (1971) 401 U.S. 395, 399 [Equal Protection Clause precludes a state from converting a fine imposed under a fine-only statute into a jail term solely because the defendant is indigent and cannot immediately pay the fine in full]; Bearden v. Georgia (1983) 461 U.S. 660, 665, 672 [revocation of defendant’s pro…
cited Cited as authority (rule) Mitchell v. Wisconsin
SCOTUS · 2019 · confidence medium
We have spoken of “carnage,” Neville, 459 U. S., at 558–559, and even “fright- ful carnage,” Tate v. Short, 401 U. S. 395, 401 (1971) (Blackmun, J., concurring).
discussed Cited as authority (rule) United States v. Jimmy Stokes
5th Cir. · 2018 · confidence medium
The Supreme Court has articulated constitutional parameters for court- ordered confinement resulting from a failure to pay fines—parameters meant to avoid imprisoning defendants “solely by reason of their indigency.” Williams v. Illinois, 399 U.S. 235, 242 (1970); see Bearden v. Georgia, 461 U.S. 660 , 661- 62 (1983); Tate v. Short, 401 U.S. 395, 398 (1971).
discussed Cited as authority (rule) In re Humphrey
Cal. Ct. App. 5th · 2018 · confidence medium
By making the maximum confinement contingent upon one's ability to pay, the State has *1028 visited different consequences on two categories of persons since the result is to make incarceration in excess of the statutory maximum applicable only to those without the requisite resources to satisfy the money portion of the judgment." ( Williams, supra , 399 U.S. at pp. 241-242, 90 S.Ct. 2018 , fns. omitted, accord, Tate, supra, 401 U.S. at pp. 398-399, 91 S.Ct. 668 .) The rule the Bearden court distilled from Williams and Tate is that the state "cannot ' "[impose] a fine as a sentence and then au…
discussed Cited as authority (rule) Ex Parte: Jeff Burks
Tex. App. · 2014 · confidence medium
“The Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Tate v. Short, 401 U.S. 395, 398 (1971).
discussed Cited as authority (rule) Bryant, Robert
Tex. Crim. App. · 2012 · confidence medium
In support, he cited Tate v. Short , 401 U.S. 395, 397-98 (1971), in which the Supreme Court held that "imprisonment [of an indigent] for nonpayment constitutes . . . unconstitutional discrimination." Agreeing with the State that the ability-to-pay statute does not govern restitution, the court of appeals determined that the restitution statute is the law applicable when a defendant challenges revocation based on failure to pay restitution.
discussed Cited as authority (rule) United States v. Juan Rangel
9th Cir. · 2012 · confidence medium
See Williams v. Illinois, 399 U.S. 235, 240-42 (1970) (holding that an individual may not be held in contin- ued confinement beyond the statutory maximum because of his failure to pay a fine); Tate v. Short, 401 U.S. 395, 398-99 (1971) (holding unconstitutional the imposition of a jail sen- tence for a “fines only” offense where the defendant was unable to pay a fine); Bearden v. Georgia, 461 U.S. 660 , 661- 62 (1983) (holding that a sentencing court could not revoke probation for failure to pay a fine and make restitution absent findings that the defendant had not made sufficient bona fid…
discussed Cited as authority (rule) Untitled Texas Attorney General Opinion (2×) also: Cited "see"
Tex. Att'y Gen. · 2004 · confidence medium
Short, 401 U.S. 395,399 (1971). * In 1971 the United States Supreme Court held this practice unconstitutional.
examined Cited as authority (rule) Zupan v. Brown (3×) also: Cited "see"
N.D. Cal. · 1998 · confidence medium
Mr. Zupan is unlike the defendant in Bearden , who had no income or assets, Bearden, 461 U.S. at 663 , 103 S.Ct. 2064 , the defendant in Tate , who the parties stipulated was poverty-stricken and who earned between $25 and $60 a week in casual employment, Tate, 401 U.S. at 396, n. 1 , and the defendant in Williams , who the parties stipulated was indigent and who was unable to post bail of $2,000. 3 Here, the record indicates that Mr. Zupan had the financial ability to pay a greater amount in restitution but that he failed to do so.
discussed Cited as authority (rule) Ex Parte Gonzales (2×)
Tex. Crim. App. · 1997 · confidence medium
See Williams, 399 U.S. at 242 n. 19, 90 S.Ct. at 2023 n. 19 (stating that “nothing in our decision today precludes imprisonment for willful refusal to pay a fine or court costs”); Tate, 401 U.S. at 400 , 91 S.Ct. at 672 (emphasizing its holding did not “suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so ”) (emphasis added).
discussed Cited as authority (rule) City of Worcester v. Sigel
Mass. App. Ct. · 1994 · confidence medium
See, e.g., Williams v. Illinois, 399 U.S. 235, 241, 244 (1970); Tate v. Short, 401 U.S. 395, 397-399 (1971); Commonwealth v. Teixera, 396 Mass. 746, 747, 749 (1986); Commonwealth v. Gomes, 407 Mass. 206, 212-213 (1990).
discussed Cited as authority (rule) State v. Hermanns
N.J. Super. Ct. App. Div. · 1994 · confidence medium
See also, e.g., Bearden v. Georgia, 461 U.S. 660, 672-673 , 103 S.Ct. 2064, 2072-3 , 76 L.Ed. 2d 221, 233 (1983) (revocation of probation and imprisonment justified for willful refusal to pay or upon finding that alternative forms of punishment are not adequate to satisfy the State's legitimate interests in punishment and deterrence); Tate v. Short, 401 U.S. 395, 398 , 91 S.Ct. 668, 670 , 28 L.Ed. 2d 130, 133 (1971); State v. Newman, 132 N.J. 159, 171-2 , 623 A. 2d 1355 (1992); State in the Interest of D.G.W., 70 N.J. 488 , 505, n. 4, 361 A. 2d 513 (1976); State v. DeBonis, 58 N.J. 182, 199-20…
cited Cited as authority (rule) United States v. Altamirano
5th Cir. · 1993 · confidence medium
Tate v. Short, 401 U.S. 395, 399 (1971).
discussed Cited as authority (rule) U.S. v. Voda
5th Cir. · 1993 · confidence medium
Bearden v. Georgia, 103 S.Ct. 2064, 2068-71 (1983) (indigency no bar to imposing fine); Williams v. Illinois, 90 S.Ct. 2018, 2023 (1970) (imprisonment, beyond any already imposed prison sentence, could not be imposed as a penalty for inability to a pay a fine.); Tate v. Short, 91 S.Ct. 668, 671 (1971).
discussed Cited as authority (rule) Michigan Department of State Police v. Sitz (2×)
SCOTUS · 1990 · confidence medium
I add this comment only to remind the Court that it has been almost 20 years since, in Perez v. Campbell, 402 U. S. 637, 657 (1971), in writing for three others (no longer on the Court) and myself, I noted that the “slaughter on the highways of this Nation exceeds the death toll of all our wars,” and that I detected “little genuine public concern about what takes place in our very midst and on our daily travel routes.” See also Tate v. Short, 401 U. S. 395, 401 (1971) (concurring statement).
discussed Cited as authority (rule) Doyle v. Ohio Bureau of Motor Vehicles
Ohio · 1990 · confidence medium
“The increasing slaughter on our highways, most of which should be avoidable, now reaches the astounding figures only heard of on the battlefield.” Breithaupt v. Abram (1957), 352 U.S. 432, 439 . “* * *[T]he frightful carnage [that traffic irresponsibility] spews upon our highways,” Tate v. Short (1971), 401 U.S. 395, 401 (Blackmun, J., concurring), is exceeded only by the death toll of all our wars, Perez v. Campbell (1971), 402 U.S. 637, 657, 672 (Blackmun, J., concurring).
discussed Cited as authority (rule) Commonwealth v. Gomes
Mass. · 1990 · confidence medium
Generally, “the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Tate v. Short, 401 U.S. 395, 398 (1971), quoting Morris v. Schoonfield, 399 U.S. 508, 509 (1970) (White, J., concurring). “[A] person may not be incarcerated solely because of inability to pay a fine” (emphasis added).
discussed Cited as authority (rule) State v. Anaya
N.J. Super. Ct. App. Div. · 1990 · confidence medium
See also Black v. Romano, 471 U.S. 606, 614 , 105 S.Ct. 2254, 2259 , 85 L.Ed. 2d 636, 644 , reh. den. 473 U.S. 921 , 105 S.Ct. 3548 , 87 L.Ed. 2d 671 (1985); Bearden v. Georgia, 461 U.S. 660, 672-673 , 103 S.Ct. 2064, 2072-2073 , 76 L.Ed. 2d 221, 233 (1983) (revocation of probation and imprisonment justified for willful refusal to pay or upon finding that alternative forms of punishment are not adequate to satisfy the State's legitimate interests in punishment and deterrence); Tate v. Short, 401 U.S. 395, 398 , 91 S.Ct. 668, 670 , 28 L.Ed. 2d 130, 133 (1971) (State cannot "impos[e] a fine as a…
discussed Cited as authority (rule) Fury v. City of Seattle
Wash. Ct. App. · 1986 · confidence medium
Ed. 2d 448 , 77 S. Ct. 408, 412 ] (1957) ("The increasing slaughter on our highways, most of which should be avoidable, now reaches the astounding figures only heard of on the battlefield"); Tate v. Short, 401 U. S. 395, 401 [ 28 L.
discussed Cited as authority (rule) Stowell v. District of Columbia Department of Transportation (2×)
D.C. · 1986 · confidence medium
See Breithaupt v. Abram, 352 U.S. 432, 439 [ 77 S.Ct. 408, 412 , 1 L.Ed.2d 448 ] (1957) (“The increasing slaughter on our highways, most of which should be avoidable, now reaches the astounding figures only heard of on the battlefield”); Tate v. Short, 401 U.S. 395, 401 [ 91 S.Ct. 668, 672 , 28 L.Ed.2d 130 ] (1971) (BLACK-MUN, J., concurring) (deploring “traffic irresponsibility and the frightful carnage it spews upon our highways”); Perez v. Campbell, 402 U.S. 637, 657, 672 [ 91 S.Ct. 1704, 1715, 1722 , 29 L.Ed.2d 233 ] (1971) (BLACKMUN, J., concurring) (footnote omitted) (“The slau…
discussed Cited as authority (rule) Hoffman v. State
Ark. · 1986 · confidence medium
Appellant’s equal protection argument is based on holdings by the U.S. Supreme Court that the state cannot “impos[e] a fine as a sentence and then automatically conver [t] it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.” Tate v. Short, 401 U.S. 395, 398 (1971); see also Williams v. Illinois, 399 U.S. 235 (1970).
Retrieving the full opinion text from the archive…
Tate
v.
Short
324.
Supreme Court of the United States.
Mar 2, 1971.
401 U.S. 395
1971 U.S. LEXIS 74
Norman Dor sen argued the cause for petitioner. With him on the briefs were Peter Sanchez-Navarro, Jr., and Stanley A. Bass., Joseph G. Rollins argued the cause for respondent. With him on the brief were Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Robert C. Flowers and Gilbert J. Pena, Assistant Attorneys General., Allan Ashman filed a brief for the National Legal Aid and Defender Association as amicus curiae urging reversal.
Brennan, Burger, Douglas, Stewart, White, Marshall, Blacicmun, Blackmun, Black, Harlan.
Cited by 831 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 67%
Citer courts: C.D. California (3) · Michigan Supreme Court (2)

Lead Opinion

[*396] Mr. Justice Brennan

delivered the opinion of the Court.

Petitioner accumulated fines of $425 on nine convictions in the Corporation Court of Houston, Texas, for traffic offenses. He was unable to pay the fines because of indigency[1] and the Corporation Court, which otherwise has no jurisdiction to impose prison sentences,[2] committed him to the municipal prison farm according to the provisions of a state statute and municipal ordinance[3] which required that he remain there a suffi[*397] cient time to satisfy the fines at the rate of five dollars for each day; this required that he serve 85 days at the prison farm. After 21 days in custody, petitioner was released on bond when he applied to the County Criminal Court of Harris County for a writ of habeas corpus. He alleged that: “Because I am too poor, I am, therefore, unable to pay the accumulated fine of $425.” The county court held that “legal cause has been shown for the imprisonment,” and denied the application. The Court of Criminal Appeals of Texas affirmed, stating: “We overrule appellant’s contention that because he is too poor to pay the fines his imprisonment is unconstitutional.” 445 S. W. 2d 210 (1969). We granted certiorari, 399 U. S. 925 (1970). We reverse on the authority of our decision in Williams v. Illinois, 399 U. S. 235 (1970).

The Illinois statute involved in Williams authorized both a fine and imprisonment. Williams was given the maximum sentence for petty theft of one year’s imprisonment and a $500 fine, plus $5 in court costs. The judgment, as permitted by the Illinois statute, provided that if, when the one-year sentence expired, Williams did not pay the fine and court costs, he was to remain in jail a sufficient length of time to satisfy the total amount at the rate of $5 per day. We held that the Illinois statute as applied to Williams worked an invidious discrimination solely because he was too poor to pay the fine, and therefore violated the Equal Protection Clause.

Although the instant case involves offenses punishable by fines only, petitioner’s imprisonment for nonpay[*398] ment constitutes precisely the same unconstitutional discrimination since, like Williams, petitioner was subjected to imprisonment solely because of his indigency.[4] In Morris v. Schoonfield, 399 U. S. 508, 509 (1970), four members of the Court anticipated the problem of this case and stated the view, which we now adopt, that

“the same constitutional defect condemned in Williams also inheres in jailing an indigent for failing to make immediate payment of any fine, whether or not the fine is accompanied by a jail term and whether or not the jail term of the indigent extends beyond the maximum term that may be imposed on a person willing and able to pay a fine. In each case, the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.”

Our opinion in Williams stated the premise of this conclusion in saying that “the Equal Protection Clause of the Fourteenth Amendment requires that the statu[*399] tory ceiling placed on imprisonment for any substantive offense be the same for all defendants irrespective of their economic status.” 399 U. S., at 244. Since Texas has legislated a “fines only” policy for traffic offenses, that statutory ceiling cannot, consistently with the Equal Protection Clause, limit the punishment to payment of the fine if one is able to pay it, yet convert the fine into a prison term for an indigent defendant without the means to pay his fine. Imprisonment in such a case is not imposed to further any penal objective of the State. It is imposed to augment the State’s revenues but obviously does not serve that purpose; the defendant cannot pay because he is indigent and his imprisonment, rather than aiding collection of the revenue, saddles the State with the cost of feeding and housing him for the period of his imprisonment.

There are, however, other alternatives to which the State may constitutionally resort to serve its concededly valid interest in enforcing payment of fines. We repeat our observation in Williams in that regard, 399 U. S., at 244-245 (footnotes omitted):

“The State is not powerless to enforce judgments against those financially unable to pay a fine; indeed, a different result would amount to inverse discrimination since it would enable an indigent to avoid both the fine and imprisonment for nonpayment whereas other defendants must always suffer one or the other conviction.
“It is unnecessary for us to canvass the numerous alternatives to which the State by legislative enactment — or judges within the scope of their authority — may resort in order to avoid imprisoning an indigent beyond the statutory maximum for involuntary nonpayment of a fine or court costs. Appellant has suggested several plans, some of which are[*400] already utilized in some States, while others resemble those proposed by various studies. The State is free to choose from among the variety of solutions already proposed and, of course, it may devise new ones.” [5]

We emphasize that our holding today does not suggest any constitutional infirmity in imprisonment of a defendant with the means to pay a fine who refuses or neglects to do so. Nor is our decision to be understood[*401] as precluding imprisonment as an enforcement method when alternative means are unsuccessful despite the defendant’s reasonable efforts to satisfy the fines by those means; the determination of the constitutionality of imprisonment in that circumstance must await the presentation of a concrete case.

The judgment of the Court of Criminal Appeals of Texas is reversed and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

Mr. Justice Black concurs in the result.

Mr. Justice Harlan concurs in the judgment of the Court on the basis of the considerations set forth in his opinion concurring in the result in Williams v. Illinois, 399 U. S. 235, 259 (1970).

1

At the habeas corpus hearing the assistant district attorney appearing for the State stipulated: “We would stipulate he is poverty stricken, and that his whole family has been for all periods of time therein, and probably always will be.” Petitioner’s uncontradicted testimony at the hearing was that, prior to his imprisonment, he earned between $25 and $60 a week in casual employment. He also received a monthly Veterans Administration check of $104. He has a wife and two children dependent on him for support. We were advised on oral argument that under Texas law his automobile was not subject to execution to collect the fines.

2

Tex. Code Crim. Proc., Art. 4.14 (1966) provides:

“The corporation court in each incorporated city, town or village of this State shall have jurisdiction within the corporate limits in all criminal cases arising under the ordinances of such city, town or village, and shall have concurrent jurisdiction with any justice of the peace in any precinct in which said city, town or village is situated in all criminal cases arising under the criminal laws of this State, in which punishment is by fine only, and where the maximum of such fine may not exceed two hundred dollars, and arising within such corporate limits.”
3

Tex. Code Crim. Proc., Art. 45.53 (1966), provides in pertinent part:

“A defendant placed in jail on account of failure to pay the fine and costs can be discharged on habeas corpus by showing:
“1. That he is too poor to pay the fine and costs; and
“2. That he has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of $5 for each day.”

Houston Code §35-8 provides:

“Each person committed to the county jail or to the municipal[*397] prison farm for non-payment of their fine arising out of his conviction of a misdemeanor in the corporation court shall receive a credit against such fine of five dollars ($5.00) for each day or fraction of a day that he has served.”
4

Houston Code § 35-9 provides:

“[Additional credit against the fine of each prisoner may be granted by the superintendent of the municipal prison farm for good conduct, industry and obedience; provided, however, that such additional credit shall not exceed in time more than one-half (%) day credit on his fine for each day’s work.”

An implementing regulation of the Fines Bureau Division of the Houston Corporation Court interprets this provision as follows:

“If a person appears in court and is found guilty and does not have money to pay his fine, he is committed to jail to serve the amount of the fine at the rate of $5.00 per day. In certain cases a person may be allowed $7.50 credit per day.”

It does not appear that petitioner was granted the increased credit for any of the 21 days he served before his release.

5

Several States have a procedure for paying fines in installments. E. g., Cal. Penal Code § 1205 (1970) (misdemeanors); Del. Code Ann., Tit. 11, § 4332 (c) (Supp. 1968); Md. Ann. Code, Art. 38, § 4 (a) (2) (Supp. 1970)Mass. Gen. Laws Ann., c. 279, § 1A (1959); N. Y. Code Crim. Proc. § 470-d (1) (b) (Supp. 1970); Pa. Stat. Ann., Tit. 19, §953 (1964); Wash. Rev. Code §9.92.070.

This procedure has been widely endorsed as effective not only to collect the fine but also to save the expense of maintaining a prisoner and avoid the necessity of supporting his family under the state welfare program while he is confined. See, e. g., Final Report of the National Commission on Reform of Federal Criminal Laws, Proposed New Federal Criminal Code § 3302 (2) (1971); American Bar Association, Project on Standards for Criminal Justice, Sentencing Alternatives and Procedures §2.7 (b), pp. 119-122 (Approved Draft 1968); President’s Commission on Law Enforcement and Administration of Justice, Task Force Report: The Courts 18 (1967); ALI, Model Penal Code §302.1 (1) (Proposed Ofiieial Draft 1962). See also Comment, Equal Protection and the Use of Fines as Penalties for Criminal Offenses, 1966 U. Ill. L. F. 460; Note, The Equal Protection Clause and Imprisonment of the Indigent for Nonpayment of Fines, 64 Mich. L. Rev. 938 (1966); Note, Imprisonment for Nonpayment of Fines and Costs: A New Look at the Law and the Constitution, 22 Yand. L. Rev. 611 (1969); Note, Fines and Fining — An Evaluation, 101 U. Pa. L. Rev. 1013 (1953); J. Sellin, Recent Penal Legislation in Sweden 14 (1947); Cordes, Fines and Their Enforcement, 2 J. Crim. Sci. 46 (1950); S. Rubin, H. Weihofen, G. Edwards, & S. Rosenzweig, The Law of Criminal Correction 253 and n. 154 (1963); E. Sutherland & D. Cressey, Principles of Criminology 276 (6th ed. 1960). See also Williams v. Illinois, 399 U. S., at 244-245, n. 21.

Concurrence

Mr. Justice Blackmun,

concurring.

The Court’s opinion is couched in terms of being constitutionally protective of the indigent defendant. I merely add the observation that the reversal of this Texas judgment may well encourage state and municipal legislatures to do away with the fine and to have the jail term as the only punishment for a broad range of traffic offenses. Eliminating the fine whenever it is prescribed as alternative punishment avoids the equal protection issue that indigency occasions and leaves only possible Eighth Amendment considerations. If, as a nation, we ever reach that happy point where we are willing to set our personal convenience to one side and we are really serious about resolving the problems of traffic irresponsibility and the frightful carnage it spews upon our highways, a development of that kind may not be at all undesirable.