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Michael O'Hare
Law professor at Marquette University who teaches about crime and punishment and provides expert commentary on the Eighth Amendment and the Excessive Fines Clause.
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Oct 24, 2025
• 26min
Should the fine have to fit the crime?
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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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