Living with Warrants: Life under the Sword of Damocles

Most criminal justice processing is for low-level offenses, not serious, violent offenses. Yet, few studies have examined local criminal justice processing practices and how these affect lives. Bench warrants, issued for non-compliance with court orders, not for threats to community safety, disrupt lives. This study utilized Strauss and Corbin’s grounded theory approach to understand how individuals manage low-level fugitive status, defined as having a bench warrant. Twenty-six in-depth interviews were conducted with individuals with current bench warrants and trusted individuals. Eleven interviews with criminal justice professionals were conducted to understand bench warrant issuance practice. The results reveal a core category of risk calculation. Seven additional categories emerged as critical to managing this status: strategies to evade arrest, create power, emotional distress, distrust of the justice system, escalation, surrender planning, and warrant resolution. The results indicate that bench warrants have longstanding impacts on individuals, often pushing them to detach from society, missing out on crucial resources and support. The study provides an empirical foundation for management of low-level fugitive status. Implications for social work practice, policy, and research include outreach with this vulnerable population, policies for ability to pay hearings, and exploring the proposed model in more depth.