Search

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]

Neoliberal governance has become a defining feature of our social world, fast‐tracking the commodification of human interaction, particularly within capitalist economies. Neoliberalism's intensification of capitalist social relations shifted social institutions such as education, healthcare, and criminal justice to resemble profit‐oriented enterprises. A preeminent consequence of this shift for the administration of criminal justice is the rapid expansion of monetary sanctions in the form of pay‐to‐stay fees. Our article contributes to scholarship on neoliberal governance and social institutions by exploring how lawmakers justify and frame the imposition and recoupment of pay‐to‐stay fees. We draw from a novel dataset compiled by the authors on pay‐to stay in the state of Illinois, which consists of state‐level pay‐to‐stay statutes, transcripts of legislative debates on the ratification of pay‐to‐stay statutes, and 102 civil complaints from 1997 to 2015 initiated on behalf of the Illinois Department of Corrections against currently and formerly incarcerated people to compel the payment of pay‐to‐stay fees. Our analysis suggests that in the era of neoliberal governance, consumerism is an institutional logic that lawmakers draw from to adopt pay‐to‐stay as a legal template in an effort to foster a producer–consumer relationship between incarcerated people and the state, thereby producing incarceration as a public commodity. [ABSTRACT FROM AUTHOR]

Monetary sanctions mandated in state statutes include fines, fees, restitution, and other legal costs imposed on persons convicted of crimes and other legal violations. Drawing on content analysis of current legislative statutes in Illinois pertaining to monetary sanctions, we ask three questions: What are defendants expected to pay for and why? What accommodations exist for defendants’ poverty? What are the consequences for nonpayment? We find that neoliberal logics of personal responsibility and carceral expansion suffuse these laws, establishing a basis for transferring public costs onto criminal defendants, offering little relief for poverty, and supporting severe additional penalties for unpaid debt. Statutory inequality legally authorizes further impoverishment of the poor, thereby increasing inequality. Major related organizing and advocacy work, however, has created an opening for significant changes toward greater fairness.

Over the last several decades, with the rise of mass incarceration in the United States and its steep costs, governments at the federal, state, and local levels have dramatically ramped up monetary punishment. Monetary sanctions are now the most common type of criminal penalty in the United States. The growth of fines, fees, and other legal financial obligations (LFOs), and the ensuing legal debt, reflect a shifting of the system's costs onto its primarily low-income and indigent subjects. This study provides an exploration of previously underexamined ways in which monetary sanctions impose distinct burdens on the poor. Interviews with 121 defendants in Texas and New York, along with courtroom observations, demonstrate that criminal legal debt is particularly challenging for people with low incomes in three meaningful ways. First, systems set up to handle indigency claims do not adequately address the needs or complex individual circumstances of those who simply do not have the ability to pay. Oftentimes, alternatives are unavailable or statutorily prohibited. Second, the lack of alternatives to payment lead to compromising situations, which then compel indigent defendants to make difficult choices about how to allocate scant resources. Finally, being encumbered with fines and fees and participating in alternatives like community service comes with taxing time requirements that can prove uniquely challenging for those who are poor. These three findings lead us to propose a series of policy recommendations revolving around three key themes: (a) enhancement of indigency procedures, (b) equity in monetary sanctions, and (c) alleviating burdens by improving accessibility. [ABSTRACT FROM AUTHOR]

Monetary sanctions levied on individuals on probation and parole may dramatically influence their ability to reintegrate into the community and to complete their community supervision. Yet very little work has empirically assessed how agencies respond to these obligations. This is critical, given that individuals under community supervision occupy a liminal space: free in the community yet often at risk of violation, rearrest, additional fines, or re-incarceration. In this article, we introduce an approach to the collection and management of monetary sanctions by an adult probation and parole agency in one Pennsylvania county. This specialized department focuses solely on repayment of fines, fees, and costs for a subset of probationers and parolees who have completed all other supervision requirements. We complement the conceptual overview by presenting administrative data on this caseload (N = 5,811) to describe the population under supervision and assess the factors associated with debt amount, having difficulty with repayment, and being the subject of an enforcement action for non-payment. We conclude with a discussion of the advantages and disadvantages of this model compared with historical and other existing models of debt enforcement during community supervision. [ABSTRACT FROM AUTHOR]

Monetary sanctions in the criminal legal system are legally and procedurally complex. If not paid in a timely manner, a single conviction can result in multiple legal financial obligations, varying in kind, payment procedure, and consequences. This study examines how, and the extent to which, criminal legal debtors understand monetary sanctions. Based on interviews with 60 individuals who owed criminal legal debt in New York, we propose a typology of debtor understanding. Proximal understanding pertains to individual, case-level factors and is instrumentally oriented. Distal understanding concerns system-level matters and is oriented toward normativity and fairness. We examine how debtors develop each type of understanding, how these dimensions interact, and the implications of debtor understanding for compliance behavior. [ABSTRACT FROM AUTHOR]

The expansion of monetary sanctions constitutes what Beckett and Murakawa describe as the "shadow carceral state," where covert penal power is expanded through institutional annexation by blending civil, administrative, and criminal legal authority. A growing body of work on monetary sanctions has begun to dissect covert penal power by tracing increased civil and administrative pipelines to incarceration, civil financial alternatives to criminal sanctions, and innovations to generate criminal justice revenue. However, institutional annexation and innovation in the form of contemporary pay-to-stay practices remain understudied and undertheorized. In this article, I first examine statutes and practices to theorize pay-to-stay as exemplary of the shadow carceral state—an outcome of legal hybridity and institutional annexation legitimated using the legal construction of "not punishment," which frames monetary sanctions as non-punitive. Second, I expand Beckett and Murakawa's framework to argue pay-to-stay practices reveal how the shadow carceral state compounds or initiates the civil death of those charged. I broaden our notion of civil death to include financial indebtedness to the shadow carceral state. I suggest covert penal power expands through the accumulation of resources extracted from people marked for civil death through criminal justice contact. Finally, I conclude that monetary sanctions such as pay-to-stay reveal how the shadow carceral state expands covert penal power through necrocapitalism, meaning institutional accumulation occurs through dispossession and the subjugation of life to the power of death. [ABSTRACT FROM AUTHOR]

Monetary sanctions are a common tool for enforcing accountability within the criminal justice system. However, it is unclear how individuals with disabilities who have a limited capacity to work interact with the system of monetary sanctions. Drawing on courtroom observations and interviews in Washington State, we find that although the court does take disability into account when imposing economic sanctions and monitoring payment compliance, individuals with disabilities end up in a perpetual cycle of administrative hearings that can result in serious financial and health consequences for those involved. Implications for findings are discussed. [ABSTRACT FROM AUTHOR]

California courts increasingly order community service for those convicted of nonviolent and minor misdemeanors or infractions, assigning unpaid work to be performed. While court-ordered community service has been used as an alternative to incarceration and the payment of fines, little is known about the monetary and personal costs for those completing it. A case study design is used to examine court-ordered community service performed in Southeast Los Angeles. Data were gathered from a quantitative dataset of 541 court files of those assigned to community service and 32 in-depth interviews with attorneys and court-ordered community service workers. While the quantitative data and Attorney interviews found that negative outcomes of community service can drive community service workers deeper into debt and result in new warrants that place defendants at risk for rearrest, individuals that completed community service appreciated the opportunity to pay off their criminal justice debts and stay out of jail. [ABSTRACT FROM AUTHOR]

The importance of monetary sanctions as a topic of sociological inquiry derives from both their ubiquity in American criminal justice and the socioeconomic realities of many people, especially those ensnared in the criminal legal system. This essay reviews the literature on monetary sanctions across various fields, including applied research, economics, criminology, political science, public policy, and sociology. Early approaches tended to be more system evaluations, whereas later work emphasizes the structural determinants of monetary sanctions and their impacts. Insights from research across time and discipline foreshadow the contemporary debate about monetary sanctions and are important precursors to the work in this volume. [ABSTRACT FROM AUTHOR]

Restitution as a social practice can simultaneously have a punitive effect and add to a person's criminal justice debt load, while maintaining a reparative and therefore restorative component. We use principles of restorative justice to assess restitution as a concept and a practice, drawing on data from a survey experiment administered to a nationally representative sample (n = 433). We find that the common and strongly preferred conception of restitution is "direct," entailing a convicted person compensating a victim for quantifiable loss. Evidence from Victim Compensation Funds (VCFs) in all 50 states demonstrate the widespread use of "indirect" restitution, through which funds from various sources are distributed to qualifying victims. Broader trends in criminal justice policy related to the centering of the victim and a managerial approach to punishment help explain our findings. We conclude that the divergence between common conception and widespread practice indicates a need for a revised notion of restitution. [ABSTRACT FROM AUTHOR]

Due to increasing recognition of the collateral consequences associated with monetary sanctions, fees have begun to occupy a prominent place in critical debates. This is especially true for community corrections, where multiple fees are assessed and collected. However, the agency-level perspective has largely been omitted, especially regarding how the current landscape may facilitate—or impede—reform. Using self-report data from a state-wide sample of Chiefs of Probation and Parole, this paper provides a new perspective on the complex interplay between the policy and practices surrounding monetary sanctions. Responses suggest that the practices and philosophies surrounding the collection of fees vary significantly between jurisdictions. This obligation is also reported to challenge the traditional roles of probation officers by limiting discretion and complicating the existing tensions between their treatment and control-oriented responsibilities. Some respondents indicated meaningful reliance on fee revenue for operational and treatment budgets. Implications for policy reform, especially considering the variation observed in this single state, are discussed. [ABSTRACT FROM AUTHOR]

Using a comparative historical analysis of legislative transcripts and primary and secondary historical documents in Illinois and Michigan, we trace the adoption of a largely understudied form of monetary sanction: pay-to-stay fees. Pay-to-stay fees are financial commitments imposed by the state on incarcerated individuals for the day-to-day cost of their incarceration. Our study identified two mutually constitutive bureaucratic motivations for the adoption of these fees—austerity as the primary rationale and deservingness as a secondary rationale. This analysis highlights an earlier conceptualization of monetary sanctions as a means of revenue generation than has previously been explored. Our findings suggest that pay-to-stay fees originated in these states from broader debates about who is ultimately fiscally responsible for the welfare state and the soaring costs of maintaining the rehabilitative ideal. During periods of fiscal crisis, state legislators have consistently looked toward this type of monetary sanction as a means to fund the correctional system. [ABSTRACT FROM AUTHOR]

Traffic stops and tickets often have far-reaching consequences for poor and marginalized communities, yet resulting fines and fees increasingly fund local court systems. This paper critically explores who bears the brunt of traffic fines and fees in Nevada, historically one of the fastest growing and increasingly diverse states in the nation, and one of thirteen US states to prosecute minor traffic violations as criminal misdemeanors rather than civil infractions. Drawing on legislative histories, we find that state legislators in Nevada increased fines and fees to raise revenues. Using descriptive statistics to analyze the 2012–2020 open arrest warrants extracted from the Las Vegas Municipal Court, we find that 58.6% of all open warrants are from failure to pay tickets owing to administrative-related offenses—vehicle registration and maintenance, no license or plates, or no insurance. Those issued warrants for failure to pay are disproportionately for people who are Black and from the poorest areas in the region. Ultimately, the Nevada system of monetary traffic sanctions criminalizes poverty and reinforces racial disparities.

During the late 20th century, imprisonment rates in the United States saw unprecedented growth, leading correctional systems across the country to face widespread overcrowding and underfunding. Subsequently, policy makers sought out alternatives to incarceration for certain categories of offenses. Community supervision, such as probation, emerged as a popular solution to both reduce prison and jail populations as well as to generate revenue to fund the rapidly expanding legal system. With the rise in community supervision came increases in the number of people on probation for lower-level and non-violent offenses. The expansion of legal financial obligations (LFO) placed additional burdens on these persons, who disproportionately sit in lower socio-economic status brackets. Using data from the 1995 Survey of Adults on Probation (SAP), the current study adds to the literature on probation and LFOs in an important way. The SAP data contain information on the amount, frequency, and type of LFO. Thus, this paper examines the distinct types of LFOs to determine the differential burden that each type of LFO has on people on probation. This paper finds that of all types of fees, those associated with victim restitution are most likely to lead to missed payments, while those that generate revenues do not contribute significantly to missed payments. This paper discusses the implications of this for procedural justice and fairness.

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]

• 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]

Recent critiques of the decision to make monetary sanctions a condition of probation have suggested that the practice could hinder the successful completion of probation. However, few studies have explored this relationship empirically, and among those that do, the findings are relatively inconclusive and often dependent on the sample and measures used. Building on this research, the current study examines the imposition of four monetary sanctions on a sample of felony cases involving indigent adult probationers from a Florida public defender’s office. The results indicate that although monetary sanctions have relatively little impact on probation violations generally, the effects of these penalties vary based on the severity of the violation. Legal factors are consistently the most significant predictors of the likelihood and severity of probation violations. [ABSTRACT FROM AUTHOR]

The paper discusses the role of punishment in a criminal justice system by elaborating its functions. It focusses mainly on monetary sanctions (fine) as a type of punishment under the criminal law and analyzes its efficiency on the basis of the punishment theories. With specific reference to the Indian Penal Code, 1860 the paper categorizes the placement of monetary sanctions in the statute into three variants: where the amount of sanction is mentioned in the provision, where the amount of fine is not mentioned in the provision and where monetary sanctions stand as an alternative to imprisonment in the provision. The paper critiques the third variant as a commodification of offence and provides suggestions to update the statute to enable the efficiency of monetary sanctions as a type of punishment in criminal law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Catalana de Dret Públic is the property of Revista Catalana de Dret Public and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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]

During the late 20th century, imprisonment rates in the United States saw unprecedented growth, leading correctional systems across the country to face widespread overcrowding and underfunding. Subsequently, policy makers sought out alternatives to incarceration for certain categories of offenses. Community supervision, such as probation, emerged as a popular solution to both reduce prison and jail populations as well as to generate revenue to fund the rapidly expanding legal system. With the rise in community supervision came increases in the number of people on probation for lower-level and non-violent offenses. The expansion of legal financial obligations (LFO) placed additional burdens on these persons, who disproportionately sit in lower socio-economic status brackets. Using data from the 1995 Survey of Adults on Probation (SAP), the current study adds to the literature on probation and LFOs in an important way. The SAP data contain information on the amount, frequency, and type of LFO. Thus, this paper examines the distinct types of LFOs to determine the differential burden that each type of LFO has on people on probation. This paper finds that of all types of fees, those associated with victim restitution are most likely to lead to missed payments, while those that generate revenues do not contribute significantly to missed payments. This paper discusses the implications of this for procedural justice and fairness. [ABSTRACT FROM AUTHOR]

Traffic stops and tickets often have far-reaching consequences for poor and marginalized communities, yet resulting fines and fees increasingly fund local court systems. This paper critically explores who bears the brunt of traffic fines and fees in Nevada, historically one of the fastest growing and increasingly diverse states in the nation, and one of thirteen US states to prosecute minor traffic violations as criminal misdemeanors rather than civil infractions. Drawing on legislative histories, we find that state legislators in Nevada increased fines and fees to raise revenues. Using descriptive statistics to analyze the 2012–2020 open arrest warrants extracted from the Las Vegas Municipal Court, we find that 58.6% of all open warrants are from failure to pay tickets owing to administrative-related offenses—vehicle registration and maintenance, no license or plates, or no insurance. Those issued warrants for failure to pay are disproportionately for people who are Black and from the poorest areas in the region. Ultimately, the Nevada system of monetary traffic sanctions criminalizes poverty and reinforces racial disparities. [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.

Although recent scholarship has enumerated many individual-level consequences of criminal legal citations and sentences involving fines and fees, we know surprisingly little about the structural consequences of monetary sanctions or legal financial obligations (LFOs). We use social disorganization and critical race theories to examine neighborhood-level associations between and among LFO sentence amounts, poverty, and racial and ethnic demographics. Using longitudinal data from the Washington State Administrative Office of the Courts, and the American Community Survey, we find LFOs are more burdensome in high-poverty communities and of color, and that per-capita rates of LFOs sentenced are associated with increased future poverty rates across all neighborhoods.

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.

Research Summary [ABSTRACT FROM AUTHOR]

Research on court-imposed monetary sanctions has not yet fully examined the impact that processes used to manage court debt have on individuals' lives. Drawing from both interviews and ethnographic data in Illinois and Washington State, we examine how the court's management of justice-related debt affect labor market experiences. We conceptualize these managerial practices as procedural pressure points or mechanisms embedded within these processes that strain individuals' ability to access and maintain stable employment. We find that, as a result, courts undermine their own goal of recouping costs and trap individuals in a cycle of court surveillance.

This review assesses the current state of knowledge about monetary sanctions, e.g., fines, fees, surcharges, restitution, and any other financial liability related to contact with systems of justice, which are used more widely than prison, jail, probation, or parole in the United States. The review describes the most important consequences of the punishment of monetary sanctions in the United States, which include a significant capacity for exacerbating economic inequality by race, prolonged contact and involvement with the criminal justice system, driver's license suspension, voting restrictions, damaged credit, and incarceration. Given the lack of consistent laws and policies that govern monetary sanctions, jurisdictions vary greatly in their imposition, enforcement, and collection practices of fines, fees, court costs, and restitution. A review of federally collected data on monetary sanctions reveals that a lack of consistent and exhaustive measures of monetary sanctions presents a unique problem for tracking both the prevalence and amount of legal financial obligations (LFOs) over time. We conclude with promising directions for future research and policy on monetary sanctions.