Planet Money Should the fine have to fit the crime?
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Oct 24, 2025 
Michael O'Hare, a law professor at Marquette University, dives into the enigmatic Excessive Fines Clause of the U.S. Constitution. He discusses the case of Ken Jouppi, a bush pilot facing severe penalties due to a passenger's six-pack of beer. O'Hare explains how the Supreme Court's vague guidance complicates the definition of 'proportionality' in fines. The conversation highlights the economic implications of profit-driven forfeiture practices and their impact on justice. Ken's case could redefine how the law balances punishment and property rights.
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Bush Pilot Loses Plane Over Six-Pack
- Ken Jouppi ran a bush air taxi service in Fairbanks, Alaska and packed everything into his Cessna Skywagon during flights.
- In 2012 troopers found a six-pack of Budweiser in a passenger's luggage and Ken was convicted of bootlegging, triggering forfeiture of his $95,000 plane.
Excessive Fines Clause Is A Hidden Limit
- The Eighth Amendment contains an often-overlooked Excessive Fines Clause forbidding excessive economic penalties.
- The Supreme Court in 1998 recognized a constitutional limit on fines and forfeitures but left the precise standard vague.
Supreme Court Struck Down $300K Forfeiture
- The Supreme Court ruled for Hosup Bajakajian, finding forfeiture of $300,000 for failing to report cash was an excessive fine.
- That decision established that forfeitures can violate the Eighth Amendment even when tied to anti-drug statutes.