Tate v. Short

Tate v. Short
Supreme Court of the United States
Argued January 14, 1971 Decided March 2, 1971
Full case name	Tate v. Short
Citations	401 U.S. 395 (more) 91 S. Ct. 668; 28 L. Ed. 2d 130
Holding
It is a violation of equal protection to convert a fine to jail time simply because the sentenced person cannot pay the fine.
Court membership
Chief Justice Warren E. Burger Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun
Case opinions
Majority	Brennan, joined by unanimous
Concurrence	Blackmun
Concurrence	Black
Concurrence	Harlan

Tate v. Short, 401 U.S. 395 (1971), was a United States Supreme Court case in which the Court held it is a violation of equal protection to convert a fine to jail time simply because the sentenced person cannot pay the fine.

See also

• Bearden v. Georgia
• Williams v. Illinois

Further reading

• "Indigent Defendant-Statutory Fines". Journal of Criminal Law, Criminology and Police Science. 62 (4): 493–496. 1971. Retrieved June 27, 2025.
• Barton, Robert W. (1970–1971). "Equal Protection - An Indigent Cannot Be Imprisoned for His Inability to Pay a Fine - Tate v. Short Recent Case". Dickinson Law Review. 75 (3): 528–533. Retrieved June 27, 2025.
• Denver, James P. (1974). "Conversion of Fine into Imprisionment [sic]: A Violation of Tate or Argersinger or Neither?". Florida Law Review. 26: 630–635. Retrieved June 27, 2025.
• Lowery, John D. (1971–1972). "Criminal Procedure--Equal Protection--The Dual Impact of Tate v. Short on Default Imprisonment and Monetary Bail Notes". North Carolina Law Review. 50 (1): 136–144. Retrieved June 27, 2025.

External links

• Text of Tate v. Short, 401 U.S. 395 (1971) is available from: Cornell CourtListener Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)