Search

This article examines the repeal of prison pay-to-stay policies in the United States. We process-trace reform efforts in Illinois drawing from novel data retrieved through multiple FOIA requests to state agencies and public records searches. Our analysis reveals how lawmakers who advocated for reforming the shadow carceral state in 2016 and 2019 through repealing prison pay-to-stay repurposed penal logics they had once used punitively in the 1980s and 1990s to enact the same policy—such as protecting taxpayers, fiscal efficiency, and rehabilitation. Our findings advance existing research by suggesting that penal logics are open to interpretation depending on the socioeconomic and historical moment. These contextual factors are also crucial to determining how lawmakers and institutions re-interpret long held penal logics when reforming the shadow carceral state. We argue the ways in which lawmakers strategically operationalize penal logics exemplifies their cultural durability as a resonant means to a political end. [ABSTRACT FROM AUTHOR]

Research on the shadow carceral state identifies new species of criminal-civil and civil-criminal legal hybrids embedded in state law. We bring into conversation disparate literatures on growing family complexity, monetary sanctions, justiciable problems, and child support enforcement to examine how contemporary American families experience a system of double and triple jeopardy—the compounding risks of exposure to both criminal and civil debts at the nexus of a legal hybrid, wherein monetary sanctions (criminal) and child support orders (civil) become co-constitutive (double jeopardy), thereby amplifying the risk that a parent will also experience (civil) child support arrearage (triple jeopardy). Using data from seven sources to construct a unique dataset, we evaluate the spatial and racial risk of double and triple jeopardy, as well as the state-level factors that explain them. Our analysis provides a valid description of, and critically establishes the sociolegal precarity wherein, currently incarcerated parents observe and experience their risks of double and triple jeopardy in the child support system via its orders, collections, and enforcement powers. We find that there are, indeed, racial and spatial disparities in the risk of double and triple jeopardy, and that specific state-level factors increment and decrement those risks. [ABSTRACT FROM AUTHOR]

This study examines the intergenerational consequences of court-imposed monetary sanctions for parents and children. Research on punishment and families has generally focused on imprisonment, yet monetary sanctions are far more commonly imposed. We extend research on intergenerational financial exchanges to conceptualize payment of monetary sanctions as stigmatized transfers, analyzing 70 semi-structured interviews with debtholders in Minnesota. Adult children reported perceiving anger and financial strain from family members who provide assistance. Those with minor children expressed hopelessness, stress, and financial strain, as they prioritized basic needs over meeting their outstanding financial obligations. We conclude by discussing the implications of these intergenerational impacts for research, law, and policy. [ABSTRACT FROM AUTHOR]

Monetary sanctions are in every part of the criminal legal system. This paper explores monetary sanctions in community supervision (probation and parole). The findings from a mixed-methods, multiple-state research study illustrate how fines and fees are administered, collected, and enforced within community supervision. Supervision officers have little discretion in the number of fines and fees assessed but have more discretion in collecting the payments and punishing or sanctioning nonpayment. The findings in this paper also elucidate how individuals and their social supports experience having to pay monetary sanctions. The burden of financial sanctions is not felt only by the individual on supervision but also extends to the family. The article concludes with recommendations for improving the use of monetary sanctions within community supervision. [ABSTRACT FROM AUTHOR]

AbstractMonetary sanctions are a ubiquitous part of punishment in the criminal legal system. In recent years, highly publicized events have drawn attention to monetary sanctions at the intersection of poverty, race, and legal system contact. The current study uses Autoregressive Integrated Moving Average models to assess monetary sanction reform legislation in St. Louis, Missouri – where the U.S. Department of Justice’s 2015 Ferguson Report implicated monetary sanctions practices as a contributing to tension between the community and the criminal legal system. We find that white defendants experienced an increase in the average amount of fines received (the punishment portion of the sentence), further, the implementation of the reform (modeled as a step function) was associated with increased fee assessments for those receiving monetary sanctions. Further, racial gaps in total assessments across Black and white residents remained, even as fees for Black defendants declined. Our findings highlight how policies can improve some parts of the criminal legal system yet remain insufficient to fully address their stated goals. [ABSTRACT FROM AUTHOR]

Legal financial obligations (LFOs) associated with justice system involvement are increasingly a focus for policymakers and researchers seeking to understand sources of inequality and the factors that promote successful reentry. These conversations often rely on an assumption that LFOs are associated with or may even drive higher rates of recidivism. The empirical research in this area, however, has not kept up with the growing strength of these claims. This study reports findings that may offer a new perspective and contribute to an evidence‐based debate. Multisourced administrative data on all individuals released from carceral supervision in an East Coast state (N = 21,301) over 3 years are used to examine the complex relationship between criminal justice debt and reoffending. We detail the results of survival analyses estimating the impact of these debts on various forms of recidivism. Broadly, we find that even though the relationship between case‐level LFO assessments and future offending did not reach statistical significance, the association with the cumulative effect of monetary sanctions over the life course did. Furthermore, the impact of LFO debt is greater for certain racial groups, supporting theoretical and practical inquiries into factors informing structural disadvantage. Implications for policy and future research are considered. [ABSTRACT FROM AUTHOR]

Whether the imposition of monetary sanctions is related to juvenile recidivism is explored overall and across race and ethnicity. Leveraging a statewide sample, logistic regression was used to predict fees and restitution assignment based on youth/case characteristics, hierarchical linear and logistic random-effects regression examined the association between neighborhood characteristics with fees and restitution, and propensity score matching examined whether fees and/or restitution are related to reoffending. No race/ethnic differences were found in the proportion of youth receiving court fees, yet when fees were administered both Black and Hispanic youth received higher fees. Neighborhood characteristics have minimal impact on whether (or the amounts) monetary sanctions were assigned. Post-matching, fees increased recidivism, as did being Black or Hispanic. Interactions between race/ethnicity and both fees and restitution showed Black youth with restitution had a higher recidivism likelihood. Monetary sanctions imposed on youth involved in the juvenile justice system has a potential deleterious impact on recidivism. [ABSTRACT FROM AUTHOR]

Exponential growth in order maintenance policing and associated misdemeanor sanctions have led to disproportionate consequences for people of color. Using data from qualitative interviews with individuals in the metropolitan St. Louis, Missouri, region, the current study documents the racialized and monetized nature of police contact. This work extends extant scholarship by considering how minor contact with the police shapes individual avoidance behaviors and activity spaces, places where people work and live. We consider how the combination of monetary sanctions, warrants, incarceration, and overpolicing in the region affects avoidance behaviors, particularly for people of color. Our findings suggest that the frequently unpredictable nature of police contacts and the parochial and often profit‐focused structure of policing organizations in the region leads individuals to modify the ways in which they move through the region and, for some, to isolate. Narratives reflect the need for constant calibration of behaviors and decisions, as well as the legacy that police contact and monetary sanctions can have on everyday routines. [ABSTRACT FROM AUTHOR]

Academics, policymakers, and practitioners alike are increasingly interested in criminal legal debt stemming from financial sanctions and its consequences on individuals and families. Most prior work has focused on justice system exposure and the accumulation of fines, fees, and costs. This study assesses whether owing criminal court debt is a factor in keeping people tied to the justice system in the short-term yet critical window after release from prison. In addition, I examine whether being under supervision (i.e., probation or parole) increases the chance of owing court-related debt. Relying on longitudinal survey data from the Returning Home Study, results suggest the existence of a feedback loop whereby one's status as being under correctional supervision at release from prison leads to increased debt, which in turn increases the chance of remaining under supervision during the first year out. The findings have implications for law and policy and raise important questions about the role of revenue generation in criminal justice. [ABSTRACT FROM AUTHOR]

In the United States, legal financial obligations (LFOs) include many types of monetary sanctions. For example, fines are tied to specific offenses and imposed at conviction and fees charge people for the "use" of courts, prisons, and other public services. With the rise of mass incarceration, millions of people across the U.S. owe billions of dollars in LFOs. Yet despite the widespread use of monetary sanctions, it was not until the last decade that research began to uncover the vast system of LFOs embedded throughout U.S. laws and understand their far‐reaching socioeconomic consequences. This paper reviews recent research on LFOs across three areas: (1) the political development of LFOs, (2) their implementation and enforcement, and (3) the consequences of LFOs on people, broader social networks, and the functioning of public institutions. We conclude with recommendations for future research that explores the hidden processes connecting these three areas and accounts for the fractured nature of the U.S. government. [ABSTRACT FROM AUTHOR]

In political science literature, it is often argued that compulsory voting can serve as a remedy against turnout inequality and thereby contribute to more egalitarian societies. However, the literature neglects differences between compulsory voting systems, and most studies consider the obligation to vote as a dichotomous variable. As a result, relatively little is known about the causal effects of particular stimuli and features of compulsory voting. By exploiting quasi-experimental conditions from direct-democratic decision-making in Switzerland, this research assesses the degree to which abstention fines account for a citizen's willingness to vote under a compulsory voting context. The findings reveal that a marginal increase in monetary sanctions for voter-abstention leads temporally to a sizeable increase in turnout. However, it does not necessarily contribute to the expression of preferences by those traditionally underrepresented in direct-democratic decision-making since a third of those motivated to vote by the threat of a heavier fine will cast an empty or invalid ballot. The effect on turnout is further found to be moderated by income. [ABSTRACT FROM AUTHOR]

Legal scholars have long studied why laws are implemented differently across local court contexts. Key to understanding this localized variation is understanding how new laws are communicated, interpreted, and negotiated within the legal field. Few studies, however, have directly examined the process by which court actors interpret and negotiate new laws within the court. We explore these sensemaking processes through interviews and observations of court actors in Washington and Missouri after changes to monetary sanction laws. We identify three primary forms of sensemaking and analyze contextual factors that shape these processes. We find key differences in sensemaking based on differing levels of regulatory oversight but also that normative and cultural factors were still important in determining legal interpretation and implementation within each state. These findings have important implications for our theoretical understanding of courtroom communities and for policymakers seeking to enact reform.

This article proposes the centrality of procedural integrity—or fidelity to local norms of case processing—to the post-sentencing adjudication of monetary sanctions. We draw on insights gained from observations of more than 4,200 criminal cases in sixteen courts in New York and Illinois and find that procedural integrity becomes a focal point in the absence of monetary sanctions paid in full and on time. This examination of the interplay between the sociolegal context and workgroups within courtrooms brings to light how case processing pressure, mandatory monetary sanctions, defendants with pronounced financial insecurity, and judicial discretion inform the role monetary sanctions play in court operations.

Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary sanctions is a crucial way of demonstrating compliance. Yet the financial burden of added costs for supervision and monitoring creates substantial challenges.

People convicted of crime are often treated as atomistic individuals by the criminal justice system, ignoring the fact that they are largely embedded in social networks. Research shows that family members are often negatively impacted by their relatives’ punishment despite not breaking any laws themselves. These detrimental effects of punishment on family are known as symbiotic harms. Most research on symbiotic harms, however, has focused on incarceration. We extend this research by describing how monetary sanctions harm the families of adults with legal debt. Our data come from semi-structured interviews with 140 people with legal debt and ninety-six court actors in Georgia and Missouri. We find evidence that family members are often coerced into paying their relatives’ fines and fees and that monetary sanctions increase the financial strain, emotional distress, and interpersonal conflict that relatives experience.

States increasingly look to incarcerated individuals as a source of revenue to alleviate the fiscal burden of incarceration, which results in suing prisoners for these costs. Through lawsuit complaints, states claim they have suffered damages and seek reimbursement from incarcerated individuals through pay-to-stay fees. Drawing from an original dataset consisting of 102 civil complaints from Illinois, we examine how the state constructs damage, harm, and willfulness through pay-to-stay lawsuits. We find that the state achieves this beneficial outcome by labeling incarcerated individuals as willful nonpayers and thereby morally responsible for what it terms damages suffered. Our empirical and theoretical contributions position civil lawsuits as part of imagining incarcerated individuals as fiscally responsible for their incarceration within a rent-seeking society, contextualizing the social linkages between willfulness, legal moralism, and perpetual indebtedness.

Monetary sanctions are a ubiquitous part of court systems. Previous studies have focused largely on these sanctions at the state level or solely on large urban jurisdictions. However, court systems differ considerably across communities of varying population size, composition, and density. This article examines how differences in court structure and organizational dynamics in communities across the rural-urban continuum lead to differences in how court actors consider the role of monetary sanctions. Using interviews with court actors and ethnographic observations in communities across four states, we find that the practical and symbolic nature of monetary sanctions varied by the acquaintanceship density of the court and community. These interpersonal dynamics influenced courtroom considerations, monetary sanctions’ relationship to local finances, and actors’ positioning toward state-level policy. These findings emphasize the importance of court and community context and structure in assessing the law-in-action both when conducting research and designing reform.

Knowledge about legal financial obligations in American punishment has been largely confined to criminal law and the penal codes of a few states. Yet in the nation’s most populous state, California, there is reason to believe that a wider expanse of law beyond the penal code harbors the legal capacity to impose monetary punishments and indebtedness. A legal census of the entire corpus of California’s civil and criminal statutory law identifies the presence and distribution of monetary sanctioning statutes within each and across all of the state’s twenty-nine legislative code sections. Results show that one in twenty-three statutes in California law concern monetary sanctions and that they are dispersed throughout every section of the legislative code. Our investigation reveals that monetary sanctions are embedded within the broader architecture of state law, and that variations in the structure, as much as the substance, of statutory schemes must figure into empirical and theoretical accounts of racial disparity in the imposition of monetary punishments.

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address how the parochial nature of municipal courts in St. Louis County perpetuates the financial marginalization of residents through the layering of punishment, and how the state legal structure further facilitates control, even after reform.

Research on punishment and inequality finds that people with criminal records routinely avoid systems of surveillance. Yet scholarship on monetary sanctions shows that many people experiencing poverty with criminal legal system debt are also involved with the state in other domains of social life. How can these literatures be resolved? In this article, we posit that past research can be reconciled through a focus on financial double-dealing—disparate and contradictory economic entanglements that redistribute welfare resources from individuals to the criminal legal system and its institutional affiliates. Drawing on nationally representative survey data, as well as unique data collected on people with monetary sanctions in seven states, we find that individuals and families receiving cash and noncash public assistance are significantly more likely to owe monetary sanctions and are less likely to pay them. We discuss the implications of multiple-system involvement for ongoing surveillance.

Research on crimmigration—the intersection where criminal and immigration law meet—shows that immigrants are increasingly punished and deported as a consequence of a criminal conviction. We investigate how immigration status shapes the imposition of monetary sanctions. By drawing on interview and court observational data from four states, we demonstrate that the legal opaqueness at the intersection of the crimmigration system often results in crimmigration sanctions—enhanced financial and nonfinancial penalties that are the result of an undocumented immigrant’s liminal legality. Findings show that immigrants are financially exploited through gaps in criminal and immigration law that allow for crimmigration sanctions in the form of bail predation and the exchange of higher financial penalties for reduced or no jail time, lessening an undocumented immigrant’s risk of deportation. The implications of these practices for due process are discussed in detail.

Native Americans are disproportionately affected by the criminal legal system, yet comparative analyses of criminal legal outcomes and experiences among racial and ethnic groups rarely center the experiences of Native Americans. This multimethod study examines how monetary sanctions are affecting Native American populations in Minnesota. Drawing on administrative criminal court data and qualitative fieldwork, we find that Native Americans are subject to among the largest overall legal financial obligations (LFOs) in criminal court and carry the largest average LFO debt loads relative to other racial and ethnic groups in Minnesota, particularly when proximal to tribal lands. Moreover, monetary sanctions exacerbate existing poverty and spatial isolation in rural areas, compounding and further entrenching historical, systemic disadvantages that Native communities already face. We contextualize these findings within the broader history of U.S. settler colonialism, resource extraction, and dispossession.

Although men’s incarceration rates have declined in the United States, women’s have stayed steady and even risen in some areas. At the same time, courts have increased their use of monetary sanctions, especially for low-level offenses. We propose that women’s incarceration trends can be partially explained by county dependence on monetary sanctions as a source of revenue. We suggest that monetary sanctions expose female defendants to processes that increase their likelihood of incarceration, especially in counties more reliant on monetary sanctions as a source of revenue, and where women’s poverty rates are high. Using data from Washington State, we find county dependence on monetary sanctions is positively associated with rates of women sentenced to incarceration. Although rural counties’ rates are higher, they depend on monetary sanctions no more than nonrural counties do.

Low-level misdemeanor and traffic violations draw tens of millions of people into local courts to pay fines and fees each year, generating billions of dollars in revenue. We examine how standardized legal fines and fees for low-level charges induce disparate treatment and result in disparate impact. Using a mixed-methods approach that incorporates administrative court records as well as interviews with criminal defendants from Texas, we find that although the majority of defendants readily pay for and conclude their case, African American, Latinx, and economically disadvantaged defendants spend disproportionate amounts of money and time resolving theirs. Analysis of criminal case records illustrates the disparate impact of monetary sanctions through the accrual of debt and time spent resolving a charge. Interviews reveal irreconcilable tensions between American ideals of equality in sentencing and the meaning and value of money and time in an increasingly unequal society.

Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their imposition affects inequality. Monetary sanctions are assessed for a wide range of contacts with the criminal legal system ranging from felony convictions to alleged traffic violations with important variability in law and practice across states. These differences allow for the identification of features of law, policy, and practice that differentially shape access to justice and equality before the law. Common practices undermine individuals’ rights and fuel inequality in the effects of unpaid monetary sanctions. These observations lead us to offer a number of specific recommendations to improve the administration of justice, mitigate some of the most harmful effects of monetary sanctions, and advance future research.

In this article, we explore the experiences of people who carry monetary sanction (or penal) debt across eight U.S. states. Using 519 interviews with people sentenced to fines and fees, we analyze the mental and emotional aspects of their experiences. Situating our analysis within research on the social determinants of health and the stress universe, we suggest that monetary sanctions create an overwhelmingly palpable sense of fear, frustration, anxiety, and despair. We theorize the ways in which monetary sanctions function as both acute and chronic health stressors for people who are unable to pay off their debts, highlight the mechanisms linking penal debt with mental and emotional burdens, and generalize our findings using national data from the U.S. Federal Reserve. We find that the system of monetary sanctions generates a great deal of stress and strain that becomes an internalized punishment affecting many realms of people’s lives.

Decades of significant crime declines and recent reductions in the number of people confined in prisons and jails in the United States have been accompanied by the emergence of new, and the resurgence of old, forms of punishment. One of these resurgent forms is the assessment of fines, fees, and costs to those who encounter the criminal legal system. Legal financial obligations (LFOs) have become widespread across the United States and are levied for offenses from alleged traffic violations in some states to felony convictions in others. Their emergence has been heralded by some as a less punitive alternative to spending time in prison or jail but recognized by others as uniquely consequential for people without the means to pay. Drawing on data from 254 counties in Texas, this article explores the emergence and enforcement of LFOs in Texas, where LFOs play a particularly prominent role in sanctions for alleged misdemeanor offenses and serve as an important source of revenue. Enforcement of LFOs varies geographically and is related to conservative politics and racial threat. We argue that LFOs are a defining feature of a contemporary punishment regime where racial injustice is fueled by economic inequality. [ABSTRACT FROM AUTHOR]

Child support arrears and criminal monetary sanctions are two forms of state-imposed debt that have gained increasing attention for their role in perpetuating inequality. Although past research recognizes that both groups of debtors tend to be socioeconomically disadvantaged and are disproportionately members of marginalized racial groups, the overlap between these populations has not been examined. Our study uses administrative data to link individuals from both groups, providing the first description and comparison of three populations of debtors—those with only criminal legal debt, those with only child support debt, and those with both types of debt—highlighting disparities and the compounding nature of both types of debt. We then draw on 30 in-depth semistructured interviews with individuals subject to state surveillance from both forms of debt, emphasizing three key themes that emerged: debt as carceral vulnerability, the relative salience of each type of debt, and perceptions of fairness. [ABSTRACT FROM AUTHOR]

Monetary sanctions can expand the scope and depth of punishment. Most research on monetary sanctions has centered on fines and fees assessed by the court, but they are also routinely imposed as part of the probation and parole sentence. In this article, we draw on in‐depth interview data from a sample of individuals under correctional supervision to document the often hidden costs of correctional control. We further consider a subsample of participants convicted of sexual offenses to illustrate the unique way that monetary sanctions are levied on groups of people who are considered more morally culpable and worthy of carceral control. We find that monetary sanctions are regularly assessed and challenging for most participants. The stigma of a sexual offense conviction and economic precarity, particularly among Black members of the sample, further the costs of punishment. We contend that costs associated with a sexual offense are unique because they can continue in perpetuity, govern normative behavior, and are centered on an assumption of continued guilt. We argue that the monetary sanctions levied against convicted persons, especially individuals with sexual offenses, demonstrate the often hidden and expansive nature of carceral control for other marginalized groups. [ABSTRACT FROM AUTHOR]

Low-level misdemeanor and traffic violations draw tens of millions of people into local courts to pay fines and fees each year, generating billions of dollars in revenue. We examine how standardized legal fines and fees for low-level charges induce disparate treatment and result in disparate impact. Using a mixed-methods approach that incorporates administrative court records as well as interviews with criminal defendants from Texas, we find that although the majority of defendants readily pay for and conclude their case, African American, Latinx, and economically disadvantaged defendants spend disproportionate amounts of money and time resolving theirs. Analysis of criminal case records illustrates the disparate impact of monetary sanctions through the accrual of debt and time spent resolving a charge. Interviews reveal irreconcilable tensions between American ideals of equality in sentencing and the meaning and value of money and time in an increasingly unequal society. [ABSTRACT FROM AUTHOR]

Research on crimmigration—the intersection where criminal and immigration law meet—shows that immigrants are increasingly punished and deported as a consequence of a criminal conviction. We investigate how immigration status shapes the imposition of monetary sanctions. By drawing on interview and court observational data from four states, we demonstrate that the legal opaqueness at the intersection of the crimmigration system often results in crimmigration sanctions—enhanced financial and nonfinancial penalties that are the result of an undocumented immigrant’s liminal legality. Findings show that immigrants are financially exploited through gaps in criminal and immigration law that allow for crimmigration sanctions in the form of bail predation and the exchange of higher financial penalties for reduced or no jail time, lessening an undocumented immigrant’s risk of deportation. The implications of these practices for due process are discussed in detail. [ABSTRACT FROM AUTHOR]

People convicted of crime are often treated as atomistic individuals by the criminal justice system, ignoring the fact that they are largely embedded in social networks. Research shows that family members are often negatively impacted by their relatives’ punishment despite not breaking any laws themselves. These detrimental effects of punishment on family are known as symbiotic harms. Most research on symbiotic harms, however, has focused on incarceration. We extend this research by describing how monetary sanctions harm the families of adults with legal debt. Our data come from semi-structured interviews with 140 people with legal debt and ninety-six court actors in Georgia and Missouri. We find evidence that family members are often coerced into paying their relatives’ fines and fees and that monetary sanctions increase the financial strain, emotional distress, and interpersonal conflict that relatives experience. [ABSTRACT FROM AUTHOR]

Although men’s incarceration rates have declined in the United States, women’s have stayed steady and even risen in some areas. At the same time, courts have increased their use of monetary sanctions, especially for low-level offenses. We propose that women’s incarceration trends can be partially explained by county dependence on monetary sanctions as a source of revenue. We suggest that monetary sanctions expose female defendants to processes that increase their likelihood of incarceration, especially in counties more reliant on monetary sanctions as a source of revenue, and where women’s poverty rates are high. Using data from Washington State, we find county dependence on monetary sanctions is positively associated with rates of women sentenced to incarceration. Although rural counties’ rates are higher, they depend on monetary sanctions no more than nonrural counties do. [ABSTRACT FROM AUTHOR]

Native Americans are disproportionately affected by the criminal legal system, yet comparative analyses of criminal legal outcomes and experiences among racial and ethnic groups rarely center the experiences of Native Americans. This multimethod study examines how monetary sanctions are affecting Native American populations in Minnesota. Drawing on administrative criminal court data and qualitative fieldwork, we find that Native Americans are subject to among the largest overall legal financial obligations (LFOs) in criminal court and carry the largest average LFO debt loads relative to other racial and ethnic groups in Minnesota, particularly when proximal to tribal lands. Moreover, monetary sanctions exacerbate existing poverty and spatial isolation in rural areas, compounding and further entrenching historical, systemic disadvantages that Native communities already face. We contextualize these findings within the broader history of U.S. settler colonialism, resource extraction, and dispossession. [ABSTRACT FROM AUTHOR]

The relationship between criminal legal involvement and housing is complex because the causal arrow goes both ways. Research documents a homelessness-incarceration nexus whereby homelessness is criminalized, and incarceration leads to homelessness. In this article, we broaden the scope of housing outcomes by considering housing instability more generally and we shift the focus to legal financial obligations (LFOs) as a specific kind of criminal legal sanction, apart from incarceration or the effects of a record. Our data consist of surveys and qualitative interviews with people paying LFOs (N = 519), interviews with court actors (N = 443), and more than 1,900 hours of courtroom ethnography in eight states, plus nationally representative survey data. We find substantial evidence of a housing instability-LFO nexus, a caustic churn whereby a population with identifiable housing hardships is saddled with a punishment that deepens financial strain and thus weakens housing stability. [ABSTRACT FROM AUTHOR]

In this article, we explore the experiences of people who carry monetary sanction (or penal) debt across eight U.S. states. Using 519 interviews with people sentenced to fines and fees, we analyze the mental and emotional aspects of their experiences. Situating our analysis within research on the social determinants of health and the stress universe, we suggest that monetary sanctions create an overwhelmingly palpable sense of fear, frustration, anxiety, and despair. We theorize the ways in which monetary sanctions function as both acute and chronic health stressors for people who are unable to pay off their debts, highlight the mechanisms linking penal debt with mental and emotional burdens, and generalize our findings using national data from the U.S. Federal Reserve. We find that the system of monetary sanctions generates a great deal of stress and strain that becomes an internalized punishment affecting many realms of people’s lives. [ABSTRACT FROM AUTHOR]

This research aimed to identify the causes of the low imposition of fines on the illegal trade of wild fauna in Colombia, and to identify how much of the responsibility falls on the current methodology that Colombian environmental authorities must use to calculate these fines (i.e., “Methodology for the Calculation of Fines for Infringement of the Environmental Normative”). For this purpose, a survey was applied to public officials belonging to Colombian environmental authorities. The results revealed that these entities have several reasons for not imposing fines on the illegal trade of wild fauna. The most important cause is the fact that the referred methodology does not serve the purpose of estimating fines on this illicit activity, since its variable “Degree of environmental affectation” was not designed to be calculated on fauna. This impossibility of calculating fines on the illegal trade of wild fauna has generated two types of behaviors in Colombian environmental authorities: 1) some have refrained from imposing fines on this illicit activity (thus impeding a deterrent effect); and 2) others have modified the methodology (thus breaching the principle of legality), in order to be able to the calculate the fines in the case of this illicit activity. Therefore, given that neither of these two behaviors is suitable, this research calls for the Government of Colombia to enact a new or modified methodology to calculate fines for environmental infringements that adjusts to the characteristics and environmental affectations of the illegal trade of wild fauna. [ABSTRACT FROM AUTHOR]

Monetary sanctions are a ubiquitous part of court systems. Previous studies have focused largely on these sanctions at the state level or solely on large urban jurisdictions. However, court systems differ considerably across communities of varying population size, composition, and density. This article examines how differences in court structure and organizational dynamics in communities across the rural-urban continuum lead to differences in how court actors consider the role of monetary sanctions. Using interviews with court actors and ethnographic observations in communities across four states, we find that the practical and symbolic nature of monetary sanctions varied by the acquaintanceship density of the court and community. These interpersonal dynamics influenced courtroom considerations, monetary sanctions' relationship to local finances, and actors' positioning toward state-level policy. These findings emphasize the importance of court and community context and structure in assessing the law-in-action both when conducting research and designing reform. [ABSTRACT FROM AUTHOR]

Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their imposition affects inequality. Monetary sanctions are assessed for a wide range of contacts with the criminal legal system ranging from felony convictions to alleged traffic violations with important variability in law and practice across states. These differences allow for the identification of features of law, policy, and practice that differentially shape access to justice and equality before the law. Common practices undermine individuals' rights and fuel inequality in the effects of unpaid monetary sanctions. These observations lead us to offer a number of specific recommendations to improve the administration of justice, mitigate some of the most harmful effects of monetary sanctions, and advance future research. [ABSTRACT FROM AUTHOR]

Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary sanctions is a crucial way of demonstrating compliance. Yet the financial burden of added costs for supervision and monitoring creates substantial challenges. [ABSTRACT FROM AUTHOR]

Research on punishment and inequality finds that people with criminal records routinely avoid systems of surveillance. Yet scholarship on monetary sanctions shows that many people experiencing poverty with criminal legal system debt are also involved with the state in other domains of social life. How can these literatures be resolved? In this article, we posit that past research can be reconciled through a focus on financial double-dealing--disparate and contradictory economic entanglements that redistribute welfare resources from individuals to the criminal legal system and its institutional affiliates. Drawing on nationally representative survey data, as well as unique data collected on people with monetary sanctions in seven states, we find that individuals and families receiving cash and noncash public assistance are significantly more likely to owe monetary sanctions and are less likely to pay them. We discuss the implications of multiple-system involvement for ongoing surveillance. [ABSTRACT FROM AUTHOR]

This article proposes the centrality of procedural integrity--or fidelity to local norms of case processing--to the post-sentencing adjudication of monetary sanctions. We draw on insights gained from observations of more than 4,200 criminal cases in sixteen courts in New York and Illinois and find that procedural integrity becomes a focal point in the absence of monetary sanctions paid in full and on time. This examination of the interplay between the sociolegal context and workgroups within courtrooms brings to light how case processing pressure, mandatory monetary sanctions, defendants with pronounced financial insecurity, and judicial discretion inform the role monetary sanctions play in court operations. [ABSTRACT FROM AUTHOR]

Investigations in Ferguson, Missouri, revealed that many individuals, particularly Black people, entered the criminal justice system for relatively minor offenses, missed court appearances, or failure to pay fines. Municipal courts were focused on revenue generation, which led to aggressive enforcement of municipal codes. Although subsequent reforms were passed, little is known about whether and how the legislative changes influenced the law-in-action in the municipal courts. Using data from qualitative interviews with St. Louis area residents and regional court actors, as well as court observations, this article documents the legal structure of municipal courts in the region after Ferguson. We address how the parochial nature of municipal courts in St. Louis County perpetuates the financial marginalization of residents through the layering of punishment, and how the state legal structure further facilitates control, even after reform. [ABSTRACT FROM AUTHOR]

States increasingly look to incarcerated individuals as a source of revenue to alleviate the fiscal burden of incarceration, which results in suing prisoners for these costs. Through lawsuit complaints, states claim they have suffered damages and seek reimbursement from incarcerated individuals through pay-to-stay fees. Drawing from an original dataset consisting of 102 civil complaints from Illinois, we examine how the state constructs damage, harm, and willfulness through pay-to-stay lawsuits. We find that the state achieves this beneficial outcome by labeling incarcerated individuals as willful nonpayers and thereby morally responsible for what it terms damages suffered. Our empirical and theoretical contributions position civil lawsuits as part of imagining incarcerated individuals as fiscally responsible for their incarceration within a rent-seeking society, contextualizing the social linkages between willfulness, legal moralism, and perpetual indebtedness. [ABSTRACT FROM AUTHOR]

Legal scholars have long studied why laws are implemented differently across local court contexts. Key to understanding this localized variation is understanding how new laws are communicated, interpreted, and negotiated within the legal field. Few studies, however, have directly examined the process by which court actors interpret and negotiate new laws within the court. We explore these sensemaking processes through interviews and observations of court actors in Washington and Missouri after changes to monetary sanction laws. We identify three primary forms of sensemaking and analyze contextual factors that shape these processes. We find key differences in sensemaking based on differing levels of regulatory oversight but also that normative and cultural factors were still important in determining legal interpretation and implementation within each state. These findings have important implications for our theoretical understanding of courtroom communities and for policymakers seeking to enact reform. [ABSTRACT FROM AUTHOR]

• Youth's juvenile justice involvement can lead to financial debt into adulthood. • Juvenile monetary sanctions propel youth into early adulthood, with negative effects. • Juvenile monetary sanctions hinder individuals' educational and work aspirations. • Juvenile monetary sanctions increase individuals' distrust of the legal system. Previous research has established the deleterious long-term effects of juvenile legal system involvement such as increased risk of criminal legal system involvement as adults. This paper examines retrospective accounts of how that process occurs by exploring the following research question: how does one's involvement in the juvenile legal system, which includes monetary sanctions, shape peoples' views of law and legal institutions and with what consequences? Based on 19 interviews with adults who have legal debt from both juvenile and criminal legal systems, the paper focuses on four aspects of the long-reaching effects of juvenile legal involvement and juvenile monetary sanctions: legal socialization, adultification, legal cynicism, and future aspirations. In all these aspects, we show the organizational constraints that shape individuals' perspectives about the law and the impact of monetary sanctions on their lives. In doing so, the paper shows how monetary sanctions associated with juvenile cases add to the cumulative disadvantage of legal system involvement. [ABSTRACT FROM AUTHOR]