Disenfranchised by Debt
This report discusses how criminal disenfranchisement laws prevent millions of people from regaining the right to vote because they cannot afford criminal legal fines and fees.
United States Department of Justice “Dear Colleague” Letter
In March 2016, the U.S. Department of Justice’s Civil Rights Division and Office for Access to Justice sent a “Dear Colleague” letter to State Court Administrators and Chief Justices in each state clarifying the legal framework that governs the enforcement of fines and fees, including the importance of procedural protections and, in appropriate cases, the right to counsel.
A Proposal to End Regressive Taxation Through Law Enforcement
Across the country, jurisdictions have repurposed their police officers into revenue-generating agents through the assessment and enforcement of fines, fees, and seizures. In addition to the economic and legal burdens, …
The Price of Justice: Rethinking the Consequences of Justice Fines and Fees FY 2016 Competitive Grant Announcement
This annoucement outlines a grant program that provided funding to state and local governments and federally recognized Indian tribes to test ways to improve systems of criminal justice fines and fees.
State Bans on Debtors’ Prisons and Criminal Justice Debt
This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.
Why Motive Matters: Designing Effective Policy Responses to Modern Debtors’ Prisons
In this essay, Marsh and Gerrick challenge the most common justification for why debtors’ prisons still exist in present-day America: generating revenue to fund local government and courts. The authors argue that revenue generation is an “incomplete explanation” for debtor’s prisons and point to a variety of other factors that could help complete the picture.
Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System
This report documents how and when youth and families face fines, fees and restitution and the economic and legal consequences for failure to pay.
Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System
The article provides an overview of criminal justice fines and fees; applies the Sixth Amendment jury trial right to these fines and fees; considers the question of “when criminal justice debt rises to the level of punishment; and suggests several solutions to the problem.
Fines, Fees, And Bail- Payments In The Criminal Justice System That Disproportionately Impact The Poor
This brief provides background information on criminal justice system fines, fees, and bail and argues that these costs disproportionately impact poor people.
When All Else Fails, Fining the Family: First Person Accounts of Criminal Justice Debt
Over the course of 2 months and 39 interviews, the authors of this report aimed to better understand how the punishment of prison and its collateral consequences (and fines and fees in particular) affect individuals’ financial situations and stability.