Does a court have an obligation to punish a defendant who has been convicted of a criminal offence for a second time?
California, United States of America
The following excerpt is from People v. Bonifield-Carrillo, F075854 (Cal. App. 2020):
17. We note the court was permitted to impose fines upon appellant following her convictions. (See, e.g., Bearden v. Georgia, supra, 461 U.S. at p. 669 [a state has a fundamental interest in "appropriately punishing personsrich and poorwho violate its criminal laws" and poverty does not immunize a defendant from punishment].)
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