A judge may increase the maximum fine beyond the statutory maximum if they believe it is too low.

• A. True
• B. False
• C. Not permitted under any circumstance
• D. Only with approval from the governor.

Answer: (C)

Fines are set by statute, and a judge’s authority to punish is limited to what the law allows. The maximum amount a defendant can be fined is determined by the legislature, not the judge. A judge cannot unilaterally raise that ceiling, even if they believe the penalty is too low. If more severe penalties are desired, the change must come through the legislative process (amending the statute), not from a judicial decision. The governor does not grant higher penalties in a single case; clemency powers may affect punishment but do not alter the statutory maximum. So, increasing beyond the statutory maximum is not permitted under any circumstance.