Monetary Sanctions: A Review of Revenue Generation, Legal Challenges, and Reform

Abstract

The Ferguson Report became a watershed moment for understanding the costs and consequences of the monetary sanctions system for communities of color. Since that time, myriad reports, studies, and commissions have uncovered evidence that suggests that Ferguson, Missouri, was not an outlier but rather part of a broader set of systems throughout the country that relied on increasingly punitive assessment and collection strategies for revenue. The growth and expansion of these systems continue to have detrimental and widespread consequences. In this article, we aim to shed light on the current state of monetary sanctions as the full scope and damage of the monetary sanctions system come better into focus on the national, state, and local level. We explore the legal challenges and legislative reforms that are attempting to reshape the landscape of monetary sanctions and lessen the burden on economically disadvantaged individuals and communities of color.

On Thin Ice: Bureaucratic Processes of Monetary Sanctions and Job Insecurity

“…Further, providing access to attorneys to explain payment compliance can help individuals understand their legal options and advocate on their behalf. Finally, decoupling driver's license suspensions from unpaid LFOs could greatly reduce the cyclical and enduring nature of court debt (Fernandes et al 2019).…”

“…"I'm Already on Thin Ice": Driver's License Suspensions Courts often use suspending or revoking driver licenses as both a punishment for nonpayment and a mechanism for enforcing the collection of monetary sanctions on a variety of both criminal and traffic cases (Carnegie and Eger 2009). Although this practice has changed rapidly in the past few years because of new legislation and civil suits, millions have had their licenses suspended for failure to pay monetary sanctions (Marsh 2017;Fernandes et al 2019). These suspensions made it more difficult to get to court and comply with court orders, particularly in rural areas, and led to additional convictions.…”

Unveiling the Necrocapitalist Dimensions of the Shadow Carceral State: On Pay-to-Stay to Recoup the Cost of Incarceration

“…When asked, people are often unable to answer basic questions, such as how much they owe, to whom, and why (Harris, 2016;Pattillo & Kirk, 2020), with monetary sanctions consequently functioning as a significant predictor of social inequality (Harris et al, 2010) bolstered by a "hidden state" (Thurston, 2020). A multitude of monetary sanctions exist, from fines and restitution imposed at sentencing, to user fees accumulated throughout system processing, serving as a key source of criminal justice revenue (Fernandes et al, 2019;Martin, 2018Martin, , 2020Sances & You, 2017;U.S. Department of Justice, 2015).…”

Twice Punished: Perceived Procedural Fairness and Legitimacy of Monetary Sanctions

“…Legal financial obligations (LFOs) are increasingly commonplace in the criminal justice system. LFOs assigned at sentencing in the forms of fines, fees, court costs, and restitution are a nearly ubiquitous experience for system-involved individuals (Fernandes et al, 2019;Martin et al, 2018). There has also been a parallel growth in the assessment of costs associated with correctional supervision (Pleggenkuhle, 2018;Ruhland, 2019;Ruhland et al, 2017).…”