Abstention in the Time of Ferguson
The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.
No Exit: How Maryland’s Debt Collection Practices Deepen Poverty & Widen The Racial Wealth Gap
Consumer debt is projected to be at an all-time high of $4 trillion by the end of 2018. Driving this debt is student loan debt, mortgages, medical and civic debt …
Unholy Alliance: California Courts’ Use of Private Debt Collectors
California’s use of private debt collection companies for criminal justice fines and fees debt disproportionately impacts communities of color and perpetuates a cycle of poverty. The California Reinvestment Coalition reviewed …
Monetary Myopia: An Examination of Institutional Response to Revenue From Monetary Sanctions for Misdemeanors
This study assesses the use of fines and fees for misdemeanor crimes in Nevada and Iowa to highlight the perverse incentives embedded in the practice of using courts as revenue centers. The article proposes the concept of “monetary myopia,” or a short-sighted focus on revenue at the expense of other concerns, to explain the states’ behavior.
Report on the Special Report on extreme poverty and human rights on his mission to the United States
This report presents the findings from a visit to the United States by the United Nations Special Rapporteur on extreme poverty, Philip Alston. He evaluated government programs and policies aimed to address extreme poverty according to the United States' human rights obligations.
Criminal Justice Administrative Fees: High Pain for People, Low Gain for Government. A Call to Action for California Counties.
In 2017, the San Francisco Public Defender’s Office, Financial Justice Project, and Mayor’s Office of Budget and Public Policy studied the collateral consequences of criminal justice administrative fees on San Franciscans. Their findings were published in this report, which also coincides with 2018 San Francisco County legislation that abolished all discretionary fees imposed by the county.
“You Miss So Much When You’re Gone”- The Lasting Harm of Jailing Mothers Before Trial in Oklahoma
This report provides a brief history on the disproportionate rise of women’s incarceration in the US and in Oklahoma before explaining four kinds of barriers that prevent mothers from returning to normalcy after they come into contact with the system, with a particular focus on fines and fees.
Penalty Assessment Funds – California’s Penalties and Fees Provide Inconsistent Funding for State and County Programs and Have a Significant Financial Impact on Drivers
This report reveals that California programs and services supported by revenue from fines and fees have been compromised by low-income motorists’ inability to pay those fines and fees.
A Pound of Flesh- The Criminalization of Private Debt
This report exposes how the private debt collection industry uses the court system to coerce payment from people, many of whom cannot afford to pay their debts.
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.