Summary Analysis
R-12
DATE: 2019-02-20
DOCKET: 17-1091
NAME: Tyson Timbs, Petitioner v. Indiana
WORTHY: True
OPINION: Court
AUTHOR: Ginsburg
JOINING: Roberts, Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh
GOOD: Yes
PAGES: 9
OPINION: Concurring
AUTHOR: Gorsuch
JOINING: None
GOOD: No
PAGES: 1
OPINION: Concurring
AUTHOR: Thomas
JOINING: None
GOOD: Yes
PAGES: 13
Case Commentary
- Mr Timbs bought a Land Rover.
- Mr Timbs sold some drugs.
- Heroin, if I recall correctly.
- Yep, it was heroin.
- Mr Timbs pled guilty to... whatever.
- Mr Timbs was sentenced to:
- 1 year Home Detention
- 5 years Probation
- The State hired a Private Attorney to go after Mr Timbs Land Rover.
- The Fine was capped at $10,000.
- Mr Timbs paid $42,000 for the Land Rover.
I agree.
Gorsuch filed a 1 page brief for technical reasons. But Thomas said it better. So, Gorsuch should have joined with Thomas. Thus, I disagree with Gorsuch.
Thomas' arguments are too technical for me to care. I simply believe that all Americans are (or at least, should be) protected from Cruel & Unusual Punishments, which to my mind would include Excessive Fines. Thomas explains why this is so (i.e. reasons the case) in a different way from The Court. But such nuances matter little to me. All the same, I will give him an 'A' for effort and agree with him, as well.
It's a rather boring case. And at this point, I only have two things to discuss.
First, the State of Indiana hired a Private Law Firm to go after Mr Timbs. This seems sort of mercenary. Of course, Private Contractors are used by the Government all the time. So, don't ask why Hiring a Private Gun rankles me. But it does.
Second, I believe most Bail, Fines, Traffic Violations, and Parking Tickets are excessive. This is actually where Thomas' Opinion shines, as he traces the evolution of The People's protection against Excessive Fines all the way back to the Magna Carta. The original principle being that any Fine should not be so great as to change a person's station in life. And taking away a person's car, certainly changes their ability to navigate society. Now, this is not Thomas' position. Nor is it mine. But I don't think a Speeding Ticket should cost a week's wages... more like $20.
My (personal) position would be more... um, calibrated. I don't care about Jaywalking or Speeding, so the fine would be low... very low. But something like Bank Fraud, well, the sky is the limit; and I am happy to reduce those folks to ashes.
As a more concrete example, in some recent case (involving Computer Ransom Ware), the person was sentenced to something like 5 Years in Prison for having laundered (i.e. extorted) millions. He'd likely get just as much for stealing a single car. There is no parity, there. More importantly, along with any Jail Time, I have no problem seizing ALL of Mr Hackers assets, just as a matter of course.
Every. Last. Penny.
Of course, what I really want to happen is that Mr Hacker is caught on his first attempt. And so, his take is $0. And at that point, a year's probation sounds pretty reasonable, to me.