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. ^[1]

Contents

• See also
• References
• Further reading
• External links

See also

• Bearden v. Georgia
• Williams v. Illinois

References

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 Justia Library of Congress Oyez (oral argument audio)

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