This law review article argues that fines and fees reformers’ emphasis on instituting ability-to-pay determinations without any reductions in racially discriminatory ticketing may cause more harm than good. In particular, the author articulates a concern that ability-to-pay determinations risk legitimizing the existing system of monetary sanctions and entrenching damages inflicted upon people deemed ‘able to pay.’
This report examines in detail the collateral consequences of Alabama’s court debt system and explores the ways in which it undermines public safety and drives the state’s racial wealth divide.
Ms. Phares was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Ms. Phares completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.
Mrs. Mahoney was held for 42 days on a cash bail of $1315 because she was unable to pay a failure to appear charge. The charge was later dropped. However, to avoid imprisonment on a contempt charge, she pled guilty and this resulted in $20,000 additional debt.
Wright pled guilty to misdemeanor offenses of stealing and resisting arrest. He was sentenced to 90 days in jail and to pay costs including a Board Bill of $1358.28. Wright …