Debtors' Prisons Archives - Page 12 of 15 - Fines and Fees Justice Center

Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System

The article provides an overview of criminal justice fines and fees; applies the Sixth Amendment jury trial right to these fines and fees; considers the question of “when criminal justice debt rises to the level of punishment; and suggests several solutions to the problem.

Michigan v. Cameron

Defendant argued that the imposition of court fines and fees is a tax, violated the separation of powers doctrine, and failed to comply with the Distinct Statement Clause.

Missouri SB 572: Modifies various provisions regarding municipalities located in St. Louis County, nuisance abatement ordinances, disincorporation procedures for various cities, and municipal courts

This Act reduces the amount of fees charged to individuals who receive a minor traffic or municipal ordinance violation and changes the procedure for charging fines and fees to people who receive minor traffic or municipal ordinance violations.

Whitner v. City of Pagedale

In Pagedale, MO, the local government was using arrest warrants to collect civil debt from municipal code violations. A suit against the city resulted in a consent decree that reformed the city's ticketing, housing code, and court systems.

Michigan v. Ghazi Salameh Marji

On appeal, the Court found, per curiam, a trial court may not revoke a defendant’s probation and send him to prison unless there is a finding that he or she has the ability to pay restitution and is in willful default.

Gonzales v. City of Austin

Plaintiffs alleged that the City of Austin jails people who are unable to pay court fines and fees. There is no inquiry into their ability to pay, no appointment of counsel, and community service is not offered as an alternative.

Kennedy v. City of Biloxi et al

This case alleged that the City of Biloxi operated a debtor’s prison, routinely jailing indigent people who could not afford to pay fines and fees imposed in traffic and misdemeanor cases.

Fuentes v. Benton County

This case challenged Benton County, Washington’s practice of incarcerating indigent defendants for failure to pay court fines and fees without any inquiry into their financial status or ability to pay.

Foster et al. v. City of Alexander City et al.

In Alexander City, municipal court defendants must pay their court fines and fees from traffic debt in full by the end of the court day, usually 3:00 p.m. Persons unable to pay are forced to sit out their time in city jail, at the rate of $20 per day until someone pays their debt.

Cain et al. v. City of New Orleans et al.

Summary of the cause of action The New Orleans Parish Criminal District Court jails indigent defendants who are unable to pay post-judgement court fines and fees. Court costs are imposed …