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Confronting Criminal Justice Debt: A Guide for Policy Reform

This Guide for Policy Reform by Harvard Law School’s Criminal Justice Policy Program is organized into four issue areas: conflicts of interest, poverty penalties and poverty traps (when people are forced to pay more or face harsher sanctions because of their poverty), the ability-to-pay determination, and transparency and accountability. Under each of these sections, a description of the problem is followed by legislative, judicial, and executive reform suggestions for people at the state level to use and incorporate into their efforts.

City of Slater v. State (Missouri)

This case challenged the constitutionality of a $3 surcharge imposed on litigants in municipal court for the sheriff’s retirement fund. The trial court dismissed for lack of standing. The appellants claimed to have standing as taxpayers, administrators, and as one who paid the surcharge.

United States v. City of Ferguson

The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.

People v. Hakes

Hakes could not afford to make any payments. Probation was revoked because he was unable to pay. Hakes filed a complaint stating payment for the bracelet is punitive and does not promote public safety.
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