Brucker et al. v. The City of Doraville
Plaintiffs argue that by budgeting for revenue from fines and fees, Doraville creates a perverse incentive for the city’s police, prosecutors, and judges.
Ability to Pay
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.
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.
McNeil v. Community Probation Services
Community Probation Services, LLC and PSI Probation, LLC, for-profit probation companies, provide probation services for Giles County, Tennessee. The companies add their own fees and surcharges to the court debts of probationers.
Minnesota HF 3357: Reduction or waiver of the criminal and traffic surcharge authorized; courts required to consider indigency or hardship before imposing fines, fees, or surcharges; and notice required.
This bill would allow courts to reduce or waive fines and fees imposed on defendants in criminal and traffic court, require courts to consider ability to pay before sentencing a defendant to pay a fine or fee, and require that traffic tickets inform recipients of the court’s ability to waive or reduce fines and fees.
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.
Morales v. The City of Indio
This complaint alleges that the cities of Indio and Coachella outsourced the prosecution of some municipal code violations to a private law firm, Silver and Wright LLP.
Illinois HB 4594: The Criminal and Traffic Assessment Act
Broadly speaking, the Act streamlines, standardizes, and reduces court fees in order to facilitate a sliding scale fee waiver for defendants who cannot afford to pay. (Without these changes, the sliding scale would have been severely limited.)
“Set up to Fail”: The Impact of Offender-Funded Private Probation on the Poor
The author conducted qualitative research to assess the effect of private probation on people under parole supervision for misdemeanor offenses in Florida, Kentucky, Missouri, and Tennessee. In some of these states, private parole officers have the authority to control critical aspects of a person’s parole terms.
Timbs v. Indiana
Petitioner used life insurance proceeds to purchase a Land Rover for $41,558.30. He used the vehicle to transport heroin worth a total of $385. He was arrested and his vehicle was seized. Petitioner argued that the forfeiture was excessive in violation of the Eight Amendment’s excessive fines clause.