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Legal Commentary

: Althouse

How do you figure a $290,000 fine for speeding?

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Do the math!
The man was reportedly caught driving a red Ferrari Testarossa at 137km/h (85mph) through a village.
The penalty was calculated based on the unnamed motorist's wealth - assessed by the court as $22.7m (£14.1m) - and because he was a repeat offender.
And because it was a Ferrari and because it was red.

But seriously, you can't punish very effectively with a fine unless you take the individual into account. This guy shouldn't be able to casually buy his way into having the rules not apply to him, which is what it would be if he paid the speeding fine that would burden lesser folk but is nothing to him.

Now, let's extend this idea. Take a guy who loves solitude and spending time at home reading. Some other guy has lots of companions and loves going out every night and working and playing outdoors. They commit the same felony. Should they get the same prison term?

Full post as published by Althouse on January 07, 2010 (boomark / email).

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