No One Is Watching: Jail in Upstate New York
This article, part of the Vera Institute’s In Our Backyard Stories series, documents the incarceration practices in the small upstate city of Amsterdam, New York.
Debtors' Prisons
Mecklenburg County District Court Bench Cards
The Mecklenburg County working group requested the assistance of Harvard Law School’s Criminal Justice Policy Program, which helped the group develop two bench cards. One bench card provides guidance for judges when imposing fines and fees; the other outlines a process for sanctioning defendants who fail to pay fines and fees.
Fines, Fees, and the Poverty Penalty
This issue brief discusses how fines and fees harm communities and puts forward several strategies that prosecutors can use to mitigate these harms.
People v. Duenas
Velia Duenas, a homeless, married mother of two children, had her license suspended because she was unable to pay $1088 for three juvenile citations. She continued to drive, received three misdemeanor convictions, and spent 141 days in jail because she was unable to pay the fines.
Justice Derailed: A case study of abusive and unconstitutional practices in Colorado city courts
This case study of municipal courts in Colorado is based on a multi-year ACLU investigation which revealed that despite a bipartisan reform effort in the state legislature, many of Colorado’s municipal courts persistently ignore both constitutional standards and state law and continue to employ practices that punish defendants for their poverty.
Commonwealth v. Smetana
Appellant was held in contempt and incarcerated for failure to pay his court fines and fees without any inquiry into his ability to pay. The appellant mentioned that his sibling may be able to pay, but no further inquiry was made by the court. He was sentenced to thirty days imprisonment with credit for time served and a $200 fee to purge the contempt.
Thompson v. State of Florida
In Thompson v. State of Florida, the plaintiff, an indigent mother of three, had her probation revoked for failure to pay fines and fees.
Mississippi Rules of Criminal Procedure, Rules 26.6 and 27.3: Fine, Restitution, and/or Court Costs following Adjudication of Guilt.
Following litigation by the ACLU, the MacArthur Justice Center, and the Southern Poverty Law Center challenging debtor’s prisons in Biloxi, Jackson, and Corinth, the Mississippi Supreme Court made two changes related to fines and fees in its Rules of Criminal Procedure.
Texas SB 1913: Relating to the administrative, civil, and criminal consequences, including fines, fees, and costs, imposed on persons arrested for, charged with, or convicted of certain criminal offenses.
This bill aims to improve the fairness of the Texas criminal justice system’s response to defendants’ inability to pay fines and fees in criminal cases, particularly in traffic and city ordinance violations.
Personal Narrative: Amy Marie Palacios
Amy Marie Palacios is a single mother with two children, who earned $20,090 in 2016 - below the federal poverty line for her three-person household. Her driver’s license was suspended in 2015 because she failed to pay the fine for a speeding ticket.