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On Cash and Conviction: Monetary Sanctions as Misguided Policy

NCJ Number
235686
Journal
Criminology & Public Policy Volume: 10 Issue: 3 Dated: August 2011 Pages: 509-537
Author(s)
Katherine Beckett; Alexes Harris
Date Published
August 2011
Length
29 pages
Annotation
This article examines the imposition of monetary sanctions and fines on defendants as a form of criminal sanctions.
Abstract
The research examined for this article indicates that monetary fees and sanctions imposed on defendants by courts, jails, departtments of correction, and probation offices often generate long-term debts for the defendants that are out of proportion to their expected earnings and that can impede their ability to successfully reintegrate back into society. The authors first present information on the historical and contemporary use of monetary sanctions in the U.S. criminal justice system and then compare their use to day fines used in European countries. Interviews with defendants from four Washington State counties found that monetary sanctions create legal debts that increases the risk of poverty and impedes reintegration in at least four ways: it reduces household income; it creates long-term debt that reduces access to housing, credit, employment, and educational opportunities; because wages are garnished to fulfill the debt, it creates a disincentive to find gainful employment; and if the debt cannot be paid, the threat of additional legal sanctions causes some defendants to flee. As a result of these problems, the authors argue that the use of monetary sanctions and fees in the U.S. criminal justice system should be abolished. References

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