Fines and Day Fines

Fines are often used as criminal penalties in the United States but rarely as the sole sanction for more serious cases or for repeat offenders. In Western Europe, by contrast, fines are the most often imposed sentence for most crimes, including nontrivial ones, and are sometimes by national policy the major alternative to imprisonment. In American courts, fines are used more widely and collected more frequently than has been recognized. However, patterns of use vary widely. The major difficulty American judges face is their inability to set fines that are proportionate to the severity of the offense but also equitable and fair, given differences in criminal offenders' economic circumstances. "Day fines," well developed in Western Europe, are linked to both the offender's daily income and to the gravity of the crime. Day fines have proven effective in helping courts set fine amounts that are both proportionate and just. Some American courts are now adapting day fines to the American context and are beginning to experiment with their use.