Kneisser v. McInerney et al.
Plaintiff, a 20 year old college student, was sentenced to jail because he was unable to pay a $206 statutory fine with $33 in court costs for throwing a cigarette butt out of his car window.
Ability to Pay
Taxing the Poor: Incarceration, Poverty Governance, and the Seizure of Family Resources
To finance its carceral system, the United States government levies taxes on the country’s most impoverished strata. Although those involved in the justice system are typically low-income individuals, they are …
Reference Guide: Legal Financial Obligations (LFOs), Dispositional Orders
This bench card details the Washington State Supreme Court Minority and Justice Commission's recommendations for imposing, collecting, and granting relief from juvenile fines and fees in Washington State.
In re Donna Elaine Anderson
Plaintiff’s complaint requested that the Circuit Court for the County of Macomb take superintending control over the 38th District Court, requiring Judge Carl F. Gerds III to refrain from imposing pay or stay sentences on indigent defendants who are unable to pay their court debt.
Why Crime Doesn’t Pay: Examining Felony Collections
This research paper “examines the contributing factors which make collection of felony fines and [fees in Florida] significantly lower than collections for all other case types” and analyzes why felony collection enforcement is especially difficult.
Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California
This 2015 report provides a comprehensive overview of how California’s approach to the enforcement of fines and fees for traffic violations creates a two-tiered justice system—those who can afford to pay escape the system, while those who are too poor to pay are trapped.
Edwards et al. v. Red Hills Community Probation, LLC
Red Hills Community Probation, LLC contracted with local governments to supervise probation. Defendants unable to pay their court fines and fees were placed on probation.
State v. Clark
Mr. Clark was convicted of possession of a stolen motor vehicle and sentenced to 38 months in prison, and to pay $1846.62, which included a $500 fine – the maximum permitted under Washington law. Mr. Clark appealed asking for a review of the $500 fine.
Michigan Supreme Court Ability to Pay Workgroup: Tools and Guidance for Determining and Addressing an Obligor’s Ability to Pay
Over the course of six months in 2014, the Michigan Supreme Court Ability to Pay workgroup examined the issue of ability to pay and published a report with tools, best practices, and recommendations for judges and court staff around nonpayment incarceration.
Municipal Violations: Last Week Tonight with John Oliver
In this video, John Oliver details the devastating impacts that low-income Americans suffer due to fines and fees and the involvement of private probation companies.