Abstention in the Time of Ferguson
The author argues for an exception to the Younger v. Harris, 401 U.S. 37 (1971) abstention doctrine (Younger abstention) in cases challenging the criminalization of poverty.
Right to Counsel
No Exit: How Maryland’s Debt Collection Practices Deepen Poverty & Widen The Racial Wealth Gap
Consumer debt is projected to be at an all-time high of $4 trillion by the end of 2018. Driving this debt is student loan debt, mortgages, medical and civic debt …
The Excessive Fines Clause: Challenging the Modern Debtor’s Prison
This law review article makes the case that the Eight Amendment’s Excessive Fines Clause may be a better, albeit underdeveloped, provision to address the epidemic of debtor’s prisons.
Florida SB 1270: Penalties And Fees… prohibiting the suspension of a person’s driver license solely for failure to pay certain financial obligations…
This 2018 bill - which did not pass - marks the third consecutive year that Senator Jeff Brandes (R-St. Petersburg) introduced legislation to end driver’s license suspension for nonpayment of fines and fees in Florida. This bill would also have required courts to provide reasonable payment alternatives for poor defendants, including payment plans and performing community service to pay fines.
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.
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.
Targeted Fines and Fees Against Communities of Color
The U.S. Commission on Civil Rights issued a landmark report detailing the disproportionate harms that communities of color suffer from fines and fees.
Personal Narrative: Demetrice Moore
Demetrice Moore is a certified nursing assistant and mother of two children. In 2002, she was convicted of grand larceny, and sentenced to jail and to pay court costs, including the cost of the lawyer appointed to represent her because she was indigent. She served her jail time, but was unable to pay the court costs she owed, which resulted in the automatic suspension of her Virginia driver’s license.
DiFrancesco v. Fox
Plaintiffs allege that defendant’s practice of suspending drivers’ licenses indefinitely until all court fines and fees are paid regardless of ability to pay violates equal protection and due process.
Injustice Under Law: Perpetuating and Criminalizing Poverty Through The Courts
The ability to hire an attorney in either a civil or criminal proceeding can result in an experience that is procedurally and substantively different than that of someone who is …