Alabama Takes From the Poor and Gives to the Rich
To raise taxes in Alabama, cities and counties must go through the state legislature to initiate a constitutional amendment allowing them to pass a law to raise property or income …
Ability to Pay
Reimagining Restitution: New Approaches to Support Youth and Communities
Courts began ordering youth restitution in the 1960s as a less restrictive sanction than probation or incarceration for mostly white youth. Since then, restitution has been linked to higher recidivism …
Revenue Over Public Safety
Economic and financial incentives for law enforcement, state, local and federal governments, and for-profit private corporations have fueled punitive enforcement and mass incarceration. This report details economic incentives that are …
Justice by Geography: The Role of Monetary Sanctions Across Communities
Although state statutes often dictate the amount of fines and fees imposed, local courts have significant discretion in how they carry out the laws and there is variation between courts …
The Constitutionality of Income-Based Fines
The current financial consequences for low-income offenders often lead to cycles of debt and jail, while high-income individuals can break the law without meaningful financial consequences. Although imposing fines regardless …
Civil Assessments: The Hidden Court Fee That Penalizes Poverty
California allows courts to charge a civil assessment fee of up to $300 to people who miss a deadline to pay or appear in court. An estimated 300,000 people receive …
Who Pays: Measuring Differences In the Process of Repayment of LFOs
People unable to pay legal financial obligations (LFOs) are at risk of additional consequences for nonpayment – a risk likely driven by the local emphasis and reliance on fee and cost …
Johnson v. Goodwin
Johnson v. Goodwin (Formerly Johnson v. Jessup) Case No. 1:18-cv-00467 (M.D. N.C. 2022) On March 3, 2022, a federal court accepted a settlement in this class action lawsuit brought against the …
Resolve Traffic Debt: Advocate Toolkit
North Carolina automatically suspends a person’s driver’s license for failure to pay court fees or fines for a motor vehicle offense. Approximately 300,000 North Carolinians have long-term driver’s license suspensions …
The New Due Process: Fairness in a Fee-Driven State
Courts, prosecutors, and law enforcement work together to assess and collect fines, fees, and forfeitures that fund the justice system – a conflict of interest and a violation of due …