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BEARDEN v. GEORGIA

No. 81-6633.

461 U.S. 660 (1983)

103 S.Ct. 2064

76 L.Ed.2d 221

BEARDEN v. GEORGIA

Supreme Court of United States.

Decided May 24, 1983.

Attorney(s) appearing for the Case

James H. Lohr, by appointment of the Court, 459 U.S. 819, argued the cause pro hac vice and filed briefs for petitioner.

George M. Weaver, Assistant Attorney General of Georgia, argued the cause for respondent. With him on the brief were Michael J. Bowers, Attorney General, Robert S. Stubbs II, Executive Assistant Attorney General, and Marion O. Gordon and John C. Walden, Senior Assistant Attorneys General.

JUSTICE O'CONNOR delivered the opinion of the Court.

The question in this case is whether the Fourteenth Amendment prohibits a State from revoking an indigent defendant's probation for failure to pay a fine and restitution. Its resolution involves a delicate balance between the acceptability, and indeed wisdom, of considering all relevant factors when determining an appropriate sentence for an individual and the impermissibility of imprisoning a defendant solely because...

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