Ability to Pay Archives - Page 39 of 40 - Fines and Fees Justice Center

Legal Financial Obligations: Fulfilling the Promise of Gideon by Reducing the Burden

Stearns examines the imposition and enforcement of Legal Financial Obligations (LFOs) in Washington State on people unable to pay them and argues that the resulting disparities impact the ability of the criminal justice system to impose fair and meaningful penalties that hold people accountable and reduce recidivism.

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State v. Blazina, et al.

Mr. Blazina was sentenced to 20 months in prison for second degree assault. Attached to his sentence was over $3000 in fees and tens of thousands of dollars in restitution. The Washington Supreme Court held that individualized inquiries of the defendant’s current and future ability to pay must be made before imposing Legal Financial Obligations.

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Johnson v. State

Included in the appellant’s sentence was “court costs” of $234. The appellant appealed, arguing that there was insufficient evidence to support the amount of the costs.

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On Cash and Conviction: Monetary Sanctions as Misguided Policy

Legal financial obligations (LFO) used to supplement rather than replace other punishments, have resulted in legal debt for millions of mainly poor residents. In this paper, the authors argue that …

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In For A Penny- The Rise of America’s New Debtors’ Prisons

This publication uses personal accounts of people in five different states who struggled to pay their court debt to illustrate the negative effects of debtors’ prisons on individuals, the economy, and the justice system.

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The Hidden Costs of Florida’s Criminal Justice Fees

This report examines the impact of the Florida Legislature’s decision to levy “user fees” on people accused and convicted of traffic violations, misdemeanors and felonies without providing exemptions for the indigent.

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Nickel and Diming the Criminal Defendant: A Look at Financial Penalties in Felony Cases

This article details the costs, fees, and financial assessments that may be imposed as part of a felony sentence in Michigan and the authorizing statutes.

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Maryland’s Parole Supervision Fee: A Barrier To Reentry

This report explains how Maryland’s parole supervision fee works against the rehabilitative goals of the state’s supervision policies and how the $40/month fee can impede a person’s successful reentry.

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Jailing The Poor: Court Debt And Incarceration In RI

This policy brief describes how often people in Rhode Island are jailed for nonpayment of court fines and fees and barriers to repayment.

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Court Debt and Related Incarceration in Rhode Island from 2005 through 2007

Rhode Island’s most frequent cause of incarceration is court debt, which not only causes inefficient use of state finances, but disrupts people’s lives. To determine the extent to which incarceration …

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