23 Ethics Bowl Case: Progressive Fines
Table of Contents
Progressive Fines
Finland has found a creative way of trying to curb speeding. Instead of imposing a set fine, authorities base the penalty for speeding on the driver’s disposable income. A record of annual income is used to determine a “fair” fine for the speeder — the richer you are, the more you pay. This system aims to equalize the punishment associated with violating the speed limit and make sure that everyone feels a similar amount of financial “pain.”
Could a progressive system for fines work in Canada? Should the rich pay more if they are caught committing any number of non-criminal activities like speeding; fishing or hunting out of season; or liquor violations? Would people be likely to accept a system in which there are different rates of pay for the very same violation? Would such a system be too complicated?
Tax collection is progressive, and those who have more pay more, but fees and fines are traditionally applied equally to anyone who violates the rules in question. Fines that are merely inconvenient for the wealthiest citizens may pose more significant punishments for those living on tight budgets. Economic constraints can easily lead those who cannot pay on time to become drawn further into debt and potentially even into court. The spiralling costs of this struggle to comply can overwhelm household resources, derail plans, and devastate well-planned budgets.
For the most fortunate, in contrast, fines and fees are potentially so easily managed that they hardly work to deter rule-breaking. Dutch rapper Lil Klein posted on Instagram that his wealth allows him to do as he likes and ‘eat fines for breakfast.’ His comment implies that the rules may apply to him equally, but their application does not really matter to him. Should we consider alternate ways to make sure everyone is at least sufficiently deterred from being reckless and breaking rules?
While some view a progressive system of fines as a great way to create equity among those that get caught, others fear that applying progressive fines is unfair to the rich because it treats equally socially disruptive activities differently, depending on the wealth of those involved. Our justice system is predicated on individual equality. Can monetary punishments ever uphold this principle?
Discussion Questions
- What should the purpose be of fines, or punishments in general? Would income-based fines really change behaviour?
- Jurisdictions across North America are increasingly turning to fines as significant sources of public funding. Does this revenue generating strategy create any obligations to make the financial burdens of fines and fees more equitable? Is it even ethical to make funding for public goods dependent on people engaging in risky or inappropriate behaviour that can be fined in the first place?
- Could inquiring into the personal wealth of someone who gets caught speeding or littering risk violating privacy?
Further Reading
- “Finland’s “Progressive Punishment” When It Comes to Speeding Tickets” by Euronews (2023)
- “Should the Rich Pay Higher Fines?” by Amsterdam Law School (2023)
- “Billionaire’s EUR 25,000 Drink Driving Fine Puts Means-tested Penalties in the Spotlight” by European Transport Safety Council (2017)
Bibliography
Amsterdam Law School. 2023. “Should the Rich Pay Higher Fines?” University of Amsterdam (blog), June 13, 2023. https://www.uva.nl/en/shared-content/faculteiten/en/faculteit-der-rechtsgeleerdheid/news/2023/06/day-fines.html?cb.
Euronews. 2023. “Finland’s “Progressive Punishment” When It Comes to Speeding Tickets.” April 1, 2023. https://www.euronews.com/2023/01/04/finlands-progressive-punishment-when-it-comes-to-speeding-tickets.
European Transport Safety Council. 2017. “Billionaire’s EUR 25,000 Drink Driving Fine Puts Means-tested Penalties in the Spotlight.” December 3, 2017. https://etsc.eu/billionaires-eur-25000-drink-driving-fine-puts-means-tested-penalties-in-the-spotlight/.
Milloy, John. 2023. “Case 9: Progressive Fines.” In Ethics Bowl Canada 2023-2024 Regional Case Set, edited by Ethics Bowl Canada Case Development Committee. n.p.: Ethics Bowl Canada. https://drive.google.com/file/d/1mY2bsD2RqhrVnPrLWO_RZxvgZ-X2ddIS/view.
Attribution
Unless otherwise noted, “Progressive Fines” by John Milloy (2023) [and the Ethics Bowl Canada Case Development Committee], via Ethics Bowl Canada, is used and adapted under a CC BY-NC-SA 4.0 license.
The Ethics Bowl Canada Case Development committee gives permission to third parties to use the Case Sets it has developed between September 2021 and March 2024 under the CC BY-NC-SA 4.0 license. The Committee also asks that users notify Ethics Bowl Canada of their use of the case sets, especially if they are adapting or remixing it. This can be done by sending an email to contact@ethicsbowl.ca.
