Case Law Summaries

State of New Jersey v. Evans-Weinberg

• Opinion Date: January 2, 2003
• Real Property Law
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ZONING; VIOLATIONS; PENALTY—A fine is cruel and unusual punishment only if it shocks the conscience or is fundamentally unfair and a fine calculated to disgorge profits earned by violating a zoning ordinance does not rise to that level.

A woman was charged with renting rooms in her townhouse for a period of 38 days in violation of a zoning ordinance. The testimony at trial included that of an individual who rented a room for a period of about 100 days. Eventually, the woman entered a plea of guilty. The plea was not precise, but it left no doubt that the woman had rented out rooms and that the municipal court retained discretion in setting on an appropriate penalty. It did not specify the period for which the woman was pleading guilty. The lower court estimated that the woman had earned a $5,000 profit during the 100 day period and assessed a penalty of $125 per day, or a total fine of $12,500. The woman appealed to the Law Division, and the Law Division agreed that she had only pleaded guilty to renting rooms for 38 days, not 100 days. Nonetheless, the Law Division increased the per diem rate from $125 to $333 per day, for a total fine of $12,654. The woman further appealed, and the Appellate Division reduced the fine to $125 per day for 38 days. It pointed out the Law Division judge used the same $5,000 figure that the municipal court had used, but that figure was based on 100 days, not 38 days. At the same time, it rejected the woman’s argument that the amount of fine was excessive enough to constitute cruel and unusual punishment. According to the Court, “[i]n order to determine whether a fine constitutes cruel and unusual punishment, the court must examine whether the nature of the criticized punishment shocks the conscience and violates the principles of fundamental fairness… .” It found the total quantum of the fine to be neither shocking to the conscience nor fundamentally unfair.

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