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Bearden Vs. Georgia
Cites for this judgment
- US Supreme Court
- May 24, 1983
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U.S. 660 (1983) U.S. Supreme Court Bearden v. GeorgiaSearch
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U.S. 660 (1983) Bearden v. GeorgiaSearch
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for the crime, it may not thereafter imprison a person solely because he lacked the resources to pay it. Williams v. IllinoisSearch
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only to persons able to afford a trial transcript, has been applied in numerous other contexts. See, e.g., Douglas v. CaliforniaSearch
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Mayer v. ChicagoSearch
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record to appeal a conviction under a fine-only statute). Most relevant to the issue here is the holding in Williams v. IllinoisSearch
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statutory maximum solely because they are too poor to pay the fine. Williams was followed and extended in Tate v. ShortSearch
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also recognized limits on the principle of protecting indigents in the criminal justice system. For example, in Ross v. MoffittSearch
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Page 461 U. S. 665 had no constitutional right to appointed counsel for a discretionary appeal. In United States v. MacCollumSearch
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petition. Due process and equal protection principles converge in the Court's analysis in these cases. See Griffin v. IllinoisSearch
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has insisted that a due process approach more accurately captures the competing concerns. See, e.g., Griffin v. IllinoisSearch
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Williams v. IllinoisSearch
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supra, at 399 U. S. 259 -266 (Harlan, J., concurring). As we recognized in Ross v. MoffittSearch
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U.S. at 399 U. S. 241 -242. In Tate v. ShortSearch
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situation, except that the statutory penalty there permitted only a fine. Quoting from a concurring opinion in Morris v. SchoonfieldSearch
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Cf. Zablocki v. RedhailSearch
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the entire background of the defendant, including his employment history and financial resources. See Williams v. NewSearch
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York, 337 U. S. 241 , 337 U. S. 250 , and n. 15 (1949). As we said in Williams v. IllinoisSearch
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determination by the sentencing court that the State's penological interests do not require imprisonment. See Williams v. IllinoisSearch
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Wood v. GeorgiaSearch
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it unnecessary to imprison. Given the significant interest of the individual in remaining on probation, see Gagnon v. ScarpelliSearch
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the trial court was unauthorized under state law to revoke probation on a ground not stated in the petition, Radcliff v. StateSearch
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of probation could result in a longer prison term than the original probationary period, as required by Stephens v. StateSearch
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Calhoun v. CouchSearch
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Frazier v. JordanSearch
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State v. TackettSearch
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Pedersen v. BlessingerSearch
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considerations of procedural and substantive fairness to probation and parole revocation proceedings. In Morrissey v. BrewerSearch
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Id. at 408 U. S. 484 . We addressed the issue of fundamental fairness more directly in Gagnon v. ScarpelliSearch
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Ibid. In Douglas v. BuderSearch
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on probation once it becomes evident that efforts at controlling his chronic drunken driving have failed. Cf. Powell v. TexasSearch
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Robinson v. CaliforniaSearch
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of probation when the probationer is without fault in his failure to pay the fine. For example, in United States v. BoswellSearch
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that resulted in his inability to pay -- an entirely legitimate action by the trial court. Accord, United States v. WilsonSearch
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United States v. TaylorSearch
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State v. HuggettSearch
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Huggett v. StateSearch
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objectives, will be roughly equivalent to the fine and restitution that the defendant failed to pay. See Wood v. GeorgiaSearch
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the length of the imprisonment that could be imposed, other than those imposed by the Eighth Amendment. But Williams v. IllinoisSearch
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U. S. 235 (1970), and Tate v. ShortSearch
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U.S. Supreme Court Bearden v. GeorgiaSearch
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