The Burdens of the Excessive Fines Clause

Colgan, Beth A.

doi:10.2139/ssrn.3791826

Cited by 4 publications

(5 citation statements)

References 8 publications

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“…The assessment of indigence is also not consistent and waivers do not appear to be granted routinely (Harris et al 2017;Link, Hyatt, and Ruhland 2020). Unpaid costs can lead to incarceration or additional sanctions (Colgan 2014;Heaton, Mayson, and Stevenson 2017;Ruhland 2019). Further, time requirements are considerable because individuals must attend regular meetings with correctional staff, judges, and clerks (Evans 2014;Doherty 2016).…”

Section: Cos Ts Of Probationmentioning

confidence: 99%

Private Probation Costs, Compliance, and the Proportionality of Punishment: Evidence from Georgia and Missouri

Huebner

Shannon

2022

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Probation is the most commonly imposed correctional sanction, is often accompanied by supplementary costs, and can be operated by the state or private companies. Private probation is a unique sanction used in lower courts, most often for misdemeanor offenses, and is managed by third-party actors. We focus on documenting the process and unique costs of private probation, including the rituals of compliance and proportionality of punishment. We use data from interviews with individuals on private probation and local criminal justice officials as well as evidence from court ethnographies in Georgia and Missouri. For individuals on private probation, payment of monetary sanctions is a crucial way of demonstrating compliance. Yet the financial burden of added costs for supervision and monitoring creates substantial challenges.

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Section: Cos Ts Of Probationmentioning

confidence: 99%

Private Probation Costs, Compliance, and the Proportionality of Punishment: Evidence from Georgia and Missouri

Huebner

Shannon

2022

rsf

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“…Modern requirements to "work off" criminal legal debt face ongoing vulnerability to Thirteenth Amendment involuntary servitude challenges in the Reynolds lineage. Litigation against criminal legal debt, however, has focused primarily on incarceration, not labor, and have centered concepts of inability to pay under Fourteenth Amendment due process and equal protection principles, as well as the Eighth Amendment's Excessive Fines Clause (Colgan 2014;Colgan 2018;Zhen 2019). Surprisingly, the penal exception has not been the main constraint on Thirteenth Amendment challenges.…”

Section: B Working Off Fines and Fees In Thirteenth Amendment Litigationmentioning

confidence: 99%

Better Than Jail: Social Policy in the Shadow of Racialized Mass Incarceration

Zatz¹

2021

JLPE

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“…Moreover, many scholars have asserted that monetary sanctions are inherently inequitable as they are not tied to one's income and, as such, may do little to deter crime and may increase its likelihood if individuals choose illegal means to comply with the requirements (Colgan, 2014; Harris, 2016; Kantorowicz‐Reznichenko, 2018). Individuals who do not have the means to pay face additional poverty penalties such as costs for collections, late payments, and interest that deepen economic and racial inequality (Colgan, 2019; Fernandes et al., 2019; Harris, 2016).…”

Section: Monetary Sanctions As Controlmentioning

confidence: 99%

“…People of color are also disproportionally assessed monetary sanctions (Harris, 2016; Harris et al., 2010) and are more likely to be incarcerated (Pettit, 2012), which leads to disproportionate costs of community supervision (Brett et al., 2020). Most states offer minimal accommodations for those unable to pay and instead permit continued sanctioning of persons with legal debt (Colgan, 2014). Family members also often struggle with the same economic challenges as people who have been assessed, making financial assistance difficult, particularly among families of color (Harris, 2016).…”

Section: Monetary Sanctions As Controlmentioning

confidence: 99%

The price of a sex offense conviction: A comparative analysis of the costs of community supervision

et al. 2021

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Monetary sanctions can expand the scope and depth of punishment. Most research on monetary sanctions has centered on fines and fees assessed by the court, but they are also routinely imposed as part of the probation and parole sentence. In this article, we draw on in-depth interview data from a sample of individuals under correctional supervision to document the often hidden costs of correctional control. We further consider a subsample of participants convicted of sexual offenses to illustrate the unique way that monetary sanctions are levied on groups of people who are considered more morally culpable and worthy of carceral control. We find that monetary sanctions are regularly assessed and challenging for most participants. The stigma of a sexual offense conviction and economic precarity, particularly among Black members of the sample, further the costs of punishment. We contend that costs associated with a sexual offense are unique because they can continue in perpetuity, govern normative behavior, and are centered on an assumption of continued guilt. We argue that the monetary sanctions levied against convicted persons, especially individuals with sexual offenses, demonstrate the often hidden and expansive nature of carceral control for other marginalized groups.

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The Burdens of the Excessive Fines Clause

Cited by 4 publications

References 8 publications

Private Probation Costs, Compliance, and the Proportionality of Punishment: Evidence from Georgia and Missouri

Private Probation Costs, Compliance, and the Proportionality of Punishment: Evidence from Georgia and Missouri

Better Than Jail: Social Policy in the Shadow of Racialized Mass Incarceration

The price of a sex offense conviction: A comparative analysis of the costs of community supervision

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