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Monetary sanctions have long been a part of the U.S. criminal justice system but have received increasing attention from the public as well as legal scholars and social science research in recent years. This essay describes initial findings from the Multi-State Study of Monetary Sanctions, a multi-method study designed to build on the prior research on legal financial obligations (LFOs) by examining the multi-tiered systems of monetary sanctions operating within eight states representing key regions of the United States (California, Georgia, Illinois, Minnesota, Missouri, New York, Texas and Washington). Our research explores the constantly changing legal environment and documents how the law is practiced on the ground. We expand on prior research by engaging a large and diverse group of people who owe legal debt and criminaljustice stakeholders. We augment these data with systematic court observations across different jurisdiction sizes and court levels. In doing so, we fill important gaps in the current understanding of U.S. systems of monetary and provide findings that can be used for guiding policy.

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]

The Ferguson Report became a watershed moment for understanding the costs and consequences of the monetary sanctions system for communities of color. Since that time, myriad reports, studies, and commissions have uncovered evidence that suggests that Ferguson, Missouri, was not an outlier but rather part of a broader set of systems throughout the country that relied on increasingly punitive assessment and collection strategies for revenue. The growth and expansion of these systems continue to have detrimental and widespread consequences. In this article, we aim to shed light on the current state of monetary sanctions as the full scope and damage of the monetary sanctions system come better into focus on the national, state, and local level. We explore the legal challenges and legislative reforms that are attempting to reshape the landscape of monetary sanctions and lessen the burden on economically disadvantaged individuals and communities of color. [ABSTRACT FROM AUTHOR]

Recent research suggests that the use of monetary sanctions as a supplementary penalty in state and federal criminal courts is expanding, and that their imposition creates substantial and deleterious legal debt. Little is known, however, about the factors that influence the discretionary imposition of these penalties. This study offers a comprehensive account of the role socio-cultural factors, especially race and ethnicity, have in this institutional sanctioning process. We rely on multilevel statistical analysis of the imposition of monetary sanctions in Washington State courts to test our theory. The theoretical framework emphasizes the need to treat race and ethnicity as complex cultural categories, the meaning and institutional effects of which may vary across time and space. Findings indicate that racialized crime scripts, such as the association of Latinos with drugs, affect defendants whose wrong-doing is stereotype congruent. Moreover, all individuals accused of committing racially and ethnically stigmatized offenses in racialized contexts may experience the courtesy stigma that flows from racialization. We find that race and ethnicity are not just individual attributes but cultural categories that shape the distribution of stigma and the institutional consequences that flow from it. [ABSTRACT FROM PUBLISHER]

Research Summary [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]