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Justice Shouldn’t Come With a $250 Fine Justice Shouldn’t Come With a $250 Fine
(about 7 hours later)
For those who hope to see the criminal justice system operate more fairly, this is an exciting time in the United States. Cities and counties across the country have recently elected a new wave of reform-minded prosecutors. But the fines and debt that many of them want to use instead of incarceration can be just as unfair and ineffective as the long sentences they say they reject.For those who hope to see the criminal justice system operate more fairly, this is an exciting time in the United States. Cities and counties across the country have recently elected a new wave of reform-minded prosecutors. But the fines and debt that many of them want to use instead of incarceration can be just as unfair and ineffective as the long sentences they say they reject.
In November, Nueces County, Tex., elected a progressive district attorney, Mark Gonzalez. His platform included a promise that he wouldn’t prosecute misdemeanor marijuana offenses but would instead mandate a $250 fine and a drug class. That same month, Larry Krasner, who ran on expanding the use of drug courts and diversion programs as alternatives to incarceration, was elected district attorney in Philadelphia.In November, Nueces County, Tex., elected a progressive district attorney, Mark Gonzalez. His platform included a promise that he wouldn’t prosecute misdemeanor marijuana offenses but would instead mandate a $250 fine and a drug class. That same month, Larry Krasner, who ran on expanding the use of drug courts and diversion programs as alternatives to incarceration, was elected district attorney in Philadelphia.
While it’s understandable that the election of prosecutors like these who are committed to finding options other than locking people up — a key part of criminal justice reform — has inspired excitement, real change to the system will require that they go a step further to ensure that alternative punishments aren’t an unreasonable financial burden.While it’s understandable that the election of prosecutors like these who are committed to finding options other than locking people up — a key part of criminal justice reform — has inspired excitement, real change to the system will require that they go a step further to ensure that alternative punishments aren’t an unreasonable financial burden.
Too often, this is the case. The fine for a misdemeanor is typically about $1,000, which can be unmanageable for a low-income person. This comes on top of many other costs. The application fee a defendant must pay to hire a public defender (appointed because a person charged with a crime cannot afford to pay for an attorney) can be as high as $400. Jail booking fees range from $10 to $100. In some states, defendants can be made to pay fees upward of $200 for the juries who hear their cases. After conviction, victim’s panel classes, where some defendants are mandated to hear about victims’ experiences and loss, can cost up to $75. Drug courts can and often do make people pay for their own assessment, treatment and frequent drug testing.Too often, this is the case. The fine for a misdemeanor is typically about $1,000, which can be unmanageable for a low-income person. This comes on top of many other costs. The application fee a defendant must pay to hire a public defender (appointed because a person charged with a crime cannot afford to pay for an attorney) can be as high as $400. Jail booking fees range from $10 to $100. In some states, defendants can be made to pay fees upward of $200 for the juries who hear their cases. After conviction, victim’s panel classes, where some defendants are mandated to hear about victims’ experiences and loss, can cost up to $75. Drug courts can and often do make people pay for their own assessment, treatment and frequent drug testing.
This system shifts the costs of our criminal justice system to the people processed by the system. Juvenile, traffic, misdemeanor and felony courts all rely on monetary sanctions. Fines, court-user fees, surcharges, assessments, interest, collection and per-payment fees fund everything from local law enforcement departments to county jails. Even some municipal services not connected to law enforcement, like campaign elections, are paid for by fines and fees imposed on citizens convicted of — or simply accused of — breaking the law.This system shifts the costs of our criminal justice system to the people processed by the system. Juvenile, traffic, misdemeanor and felony courts all rely on monetary sanctions. Fines, court-user fees, surcharges, assessments, interest, collection and per-payment fees fund everything from local law enforcement departments to county jails. Even some municipal services not connected to law enforcement, like campaign elections, are paid for by fines and fees imposed on citizens convicted of — or simply accused of — breaking the law.
These people are paying for the system of justice from which we all benefit, but they cannot afford to do so. They are often poor, unemployed and of color. In research on monetary sanctions in nine states, my research team and I found that many people have trouble navigating the legal process associated with fines and fees, like finding out how much money they owe and meeting minimum payment requirements. Of the 380 people we interviewed, over half received public assistance and a vast majority had problems paying their legal debt. Many people with court debt suffered added consequences related to their indigence — like difficulty meeting other financial obligations, and mental and physical aliments. They also had to answer to the court for their nonpayment. These people are paying for the system of justice from which we all benefit, but they cannot afford to do so. They are often poor, unemployed and of color. In research on monetary sanctions in nine states, my research team and I found that many people have trouble navigating the legal process associated with fines and fees, like finding out how much money they owe and meeting minimum payment requirements. Of the 380 people we interviewed, over half received public assistance and a vast majority had problems paying their legal debt. Many people with court debt suffered added consequences related to their indigence — like difficulty meeting other financial obligations, and mental and physical ailments. They also had to answer to the court for their nonpayment.
Fines for drug offenses, in particular, can have long-term consequences for people who are unable to pay. In many jurisdictions, if a person cannot pay a court-imposed fine, probation is lengthened, warrants are issued and he or she can even be jailed for nonpayment. The burden is piled on, as interest, surcharges and collection fees are added to unpaid court costs.Fines for drug offenses, in particular, can have long-term consequences for people who are unable to pay. In many jurisdictions, if a person cannot pay a court-imposed fine, probation is lengthened, warrants are issued and he or she can even be jailed for nonpayment. The burden is piled on, as interest, surcharges and collection fees are added to unpaid court costs.
It doesn’t have to be this way. While prosecutors do not directly fine defendants, they have discretion when it comes to which fines and fees they recommend to judges. New prosecutors who are serious about making progressive changes should be aware that alternatives to incarceration like diversion programs and classes and treatment come at a cost — literally.It doesn’t have to be this way. While prosecutors do not directly fine defendants, they have discretion when it comes to which fines and fees they recommend to judges. New prosecutors who are serious about making progressive changes should be aware that alternatives to incarceration like diversion programs and classes and treatment come at a cost — literally.
They can reform the justice system without adding the financial burden of fees and classes that defendants must pay for. They should instead search for ways to reduce criminal justice budgets by prioritizing preventive measures proved to decrease recidivism and improve public safety such as free drug and alcohol treatment programs, low-cost housing, restorative justice and job training. To start, lower courts should rely on day fines, where monetary sanctions are determined based on a person’s daily wage and the seriousness of the offense. The sanction is proportionate to a person’s ability to pay and the degree of harm inflicted. Jurisdictions could reduce justice-related budgets by restructuring drug-sentencing laws to match public opinion and revise the use of mandatory minimum, long-term and life sentences.They can reform the justice system without adding the financial burden of fees and classes that defendants must pay for. They should instead search for ways to reduce criminal justice budgets by prioritizing preventive measures proved to decrease recidivism and improve public safety such as free drug and alcohol treatment programs, low-cost housing, restorative justice and job training. To start, lower courts should rely on day fines, where monetary sanctions are determined based on a person’s daily wage and the seriousness of the offense. The sanction is proportionate to a person’s ability to pay and the degree of harm inflicted. Jurisdictions could reduce justice-related budgets by restructuring drug-sentencing laws to match public opinion and revise the use of mandatory minimum, long-term and life sentences.
New prosecutors have the power to stop coloring within the lines of our unjust, unfair and unrealistic systems of justice. By not using punishments that impose financial costs on people, they can create a system that is not reliant on user fees and that improves the way we process, punish and support people charged with and convicted of crimes. Of course, poor defendants who are convicted of crimes should be punished. But let’s hold them accountable without building huge debts they cannot pay.New prosecutors have the power to stop coloring within the lines of our unjust, unfair and unrealistic systems of justice. By not using punishments that impose financial costs on people, they can create a system that is not reliant on user fees and that improves the way we process, punish and support people charged with and convicted of crimes. Of course, poor defendants who are convicted of crimes should be punished. But let’s hold them accountable without building huge debts they cannot pay.