A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry a punishment of imprisonment or other legal penalties.
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👉 Civil penalty in the context of Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
"When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
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Civil penalty in the context of Contraventions
In civil law, a contravention is a lesser offense, similar to an infraction or civil penalty in common law countries.
Civil penalty in the context of Legalization of non-medical cannabis in the United States
In the United States, the non-medical use of cannabis is legalized in 24 states (plus Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and the District of Columbia) and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts (similar to how a minor traffic violation is treated), instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
During a wave of decriminalization in the 1970s, Oregon became the first state to decriminalize cannabis in 1973. Ten more states followed by the end of 1978, influenced by the Shafer Commission's endorsement of decriminalization in 1972. By the end of the decade the tide had turned in the other direction, however, and no state would decriminalize again until 2001.