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.
Why does the US still have ‘debtors’ prisons’?
This video describes how people, especially those of fewer means, can be jailed for unpaid court fines and fees.
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.
Ensuring Young People are not Criminalized for Poverty: Bail, Fees, Fines, Costs and Restitution in Juvenile Court
The harms caused by the assessment of bail, fees, fines, costs and restitution in juvenile court are detrimental, and often exacerbated by the youth’s inability to pay. This bench card …
Resolution Addressing Fines, Fees, and Costs in Juvenile Courts [Resolution and Bench Card]
The National Council of Juvenile Family Court Judges (NCJFCJ) passed a resolution advocating for the reduction or elimination of fines and fees in juvenile courts. The resolution was published alongside a judicial bench card that outlines types of financial obligations that youth and families may encounter in juvenile and family court, details the impacts of those obligations, and explains how judges can address fines and fees in their own courtrooms. The bench card includes several practice recommendations for juvenile and family court judges.
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.
Resolution in Support of Limiting Driver’s License Suspensions to Violations that Involve Dangerous Driving
This resolution urges state legislators to limit driver’s license suspensions “to conduct that involves offenders with dangerous driving,” such as driving under the influence or committing multiple moving violations.
Fines, Fees, and the Poverty Penalty
This issue brief discusses how fines and fees harm communities and puts forward several strategies that prosecutors can use to mitigate these harms.
Driven By Dollars: A State-By-State Analysis of Driver’s License Suspension Laws for Failure to Pay Court Debt
In this report, Mario Salas and Angela Ciolfi analyze driver’s license suspension policies in all 50 states and describe the harmful consequences of “license-for-payment” systems.