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The special rapporteur addresses the many ways the US criminal justice system punishes people for their poverty and helps entrench their poverty further, said Komala Ramachandra, senior business and human rights researcher at Human Rights Watch. . Where there is no ability to pay, there is no way to complete restitution. Then, within each of these layers of legal debt, there are types or buckets of LFOs. Link couldn't be copied to clipboard! A famous piece of literature? WATKINS:We always hear this phrase "fines and fees" together. Ferguson, Missouri. The Steep Costs of Criminal Justice Fees and Fines I think that creates an inherent conflict of interest.WATKINS:It sounds to me like what you're describing is a situation where fines and fees are really integral to the justice system. This saying (not in the original game) was made into a Facebook meme by Leftist Gamer Memes on October 17, 2020. What is the origin of the quote "If the penalty for a crime is a fine It is unfathomable to us today that those who drafted our nations charter nonetheless accepted human slavery, denied women equal treatment and the right to vote, and violently removed Native Americans from their land in what many historians now characterize as genocide. . WATKINS:You've talked about how when you were a public defender and perhaps when you started out as a judge, you didn't have a full appreciation of the impact of fines and fees. . Feierman shared that E.B. (Washington, DC, June 21, 2018) The United States government at all levels should act to prevent the criminal justice system from punishing poverty and further impoverishing the poor, the Criminal Justice Policy Program (CJPP) at Harvard Law School and Human Rights Watch said today. And we have some leaders that are making changes. Some Supreme Court justices believe it is the Courts responsibility to make these decisions independently, because a punishment may be cruel and unusual even if it is popular among the general public and even if a legislature has deemed it appropriate. And I'm hoping our courts will start to suss out, "What are the criteria for what excessive means?" . If it fell out of usage for multiple generations, however, it might become cruel and unusual. Even if determined indigent, the defendant may have to pay a fee for counsel or reimburse counsel expenses later. According to Feierman, the JLC found that the problem is widespread and highly problematic. The report outlines the types of costs imposed: Court costs (27 states). What is the origin of the quote "If the penalty for a crime is a fine, then that law only exists for the lower class."? This is a purposeful consequence that our policy makers have created for individuals who make contact with our systems of justice, and it's completely counter to everything that we know, as sociologists, as criminologists, about what people need to do, or the types of supports and circumstances that people need to have post-incarceration and conviction in order to be successful and move forward with their lives.WATKINS:And how much has the practice of fines and fees, how much has it grown in recent decades?HARRIS:My argument in my book is that as the result of mass conviction and incarceration, we've seen states in the 90s and the early 2000s dramatically expand the types of fines and fees that can be imposed, and the amounts of fines and fees that can be imposed. 239 likes, 8 comments - Jermaine (@therealblackhistorian) on Instagram: "Not only was colonial Pennsylvania a slave-owning society, but the lives of free blacks in the co . Most people also agree that the Cruel and Unusual Punishments Clause now limits state power as well as federal power, because the Fourteenth Amendment prohibits states from abridging the privileges or immunities of citizens of the United States and from depriving any person of life, liberty, or property, without due process of law.. In recent years, some judges and scholars have argued that the meaning of the Constitution should change as societal values change. The greatness of our Constitution and America itself is dependent on how the Constitution is interpreted to ensure that all people are treated equally and fairly and have the same opportunity to exercise the rights to life, liberty, and the pursuit of happiness as the exclusive group of men who authored the Constitution. Legal Financial Obligations: What Are They? Surcharges for court and non-court-related costs. and that this kind of activity was actually making it harder for them to gain the publics trust. The Ferguson case is now in the settlement phase. These tools often lack transparency and are subject to political manipulation, which raises serious due process concerns, he says. Spotlight on Restitution LFOs She didn't take the time to do the math. And it's proportionate to the offense, in terms of the severity of the offense, and it's proportionate to what the offender can pay. Dr. Harriss research found that Ferguson is actually not an outlier. And if that happens, people will have warrants put out for their arrest, and they can be re-incarcerated. And just like all proper income taxes, based on an INCREASING percentage of income. I don't know whether it's intentional or not intentional. carceration, is on the upswing: in 1991, only a tenth of felons 8 Lawrence M. Friedman, A History of American Law 61 (Simon & Schuster 2d ed 1985 . . The state courts denied his petition for habeas corpus. Restitution for victim compensation. Examples are drug and alcohol, general, mental health, and DNAa wide variety. Fines and fees are capturing millions of Americans in a cycle of poverty and justice-involvement, and on this episode of New Thinking, host Matt Watkins talks to two people working to interrupt that cycle. Fall behind on your payments, and you're liable to be hit with interest and more fees. Should it look to contemporary public opinion? 10 facts about the death penalty in the U.S. | Pew Research Center A pivotal moment for reforming fines and fees is here. Now that you have this deeper appreciation, just how big of a role do you see fines and fees playing in the justice system as a whole?COBURN:I think it plays a huge role. However, he clearly outlined some of the primary problems with how restitution is currently being used: Victim compensation takes years or never happens. The Juvenile Law Center is creating a database to search for LFOs in the juvenile justice system by state, and Harvard Law Schools Criminal Justice Policy Program is examining and seeking to change the adult system. told JLC that after being in jail, he couldnt see himself as a good kid again. Open Privacy Options And then people can be sentenced up to 60 days; one jurisdiction had a $300 pay-or-stay. See Press Release, U.S. Dept of Justice, Fact Sheet on White House and Justice Department ConveningA Cycle of Incarceration, Imprisonment, and Debt (Dec. 3, 2015). Having the data gives you the numbers and the power to put behind a movement to change how the system works. Bains urged us to review and use the DOJ Dear Colleague letter, which provides specific information on the legal challenges available (e.g., due process, equal protection), alternatives to incarceration, access to a hearing, notice and right to counsel, warrants, license suspension, bail practices, and responsibilities of court staff and private contractors. We are then lost and undone. Largely as a result of these objections, the Constitution was amended to prohibit cruel and unusual punishments. Continue your representation in post-sentencing. Should it look to the standards of 1791, when the Eighth Amendment was adopted? The following is a transcript of the podcast: Matt WATKINS: Welcome to New Thinking from the Center for Court Innovation. For example, it would be cruel and unusual to impose a life sentence for a parking violation, but not for murder. As our notions of fairness, equality, and justice have evolved, so too must our interpretation of the Constitution. Burr lost the election, and he blamed Hamilton, so he challenged Hamilton to a duel. The calculation is as follows: if the average cost to jurisdic- tions to collect criminal fees and fines is at least $0.34 for every $1 collected, and if it costs the IRS only $0.034 to collect a dollar of federal tax revenue, then the jurisdiction cost minus the IRS cost is $0.3366, or 99 percent of the IRS cost the percentage of wasted resources. State and local governments should initiate reforms to address these problems. If the penalty for a crime is a fine, that law only exists for the poor These protections were not added until after the Constitution was ratified. Accordingly, progressives believe the Court must protect the disfavored, the unpopular, the minority groups who can expect no protection from officials elected by majority vote. What can be suspended? The Washington legislature has passed two pieces of legislation with provisional restoration of voting rights (House Bill 1517) and more interest relief options (Senate Bill 5423). I've seen this quote passed around a lot in recent times through countless memes. . 2016). The lower class (poor) are the real subjects of the law. Many courts are struggling to interpret a 1983 Supreme Court ruling protecting defendants from going to jail because they are too poor to pay their fines. She is a professor of sociology at the University of Washington and the author of the 2016 book, A Pound of Flesh: Monetary Sanctions as Punishment for the Poor. In fact, Feierman noted, there are local practices to impose fees, costs, and fines even when there is no statute on the groundthats particularly true for probation, informal adjustment, and expungement.. Progressive perspectives on the Eighth Amendment insist that evolving standards of decency must shape and inform the Supreme Courts application of the Eighth Amendment. Receive important updates about our work transforming the justice system. When somebody's before me and I'm sentencing them, I should consider their charge, their criminal history, what are the facts and circumstances of the case, their financial situation, and their ability to pay and determine what is just and fair. The program was moderated by Lourdes Rosado, chief of the Civil Rights Bureau of the New York State Office of the Attorney General, and prominently featured the following panelists: Alexes Harris, associate professor, Department of Sociology, University of Washington, Chiraag Bains, senior counsel to the assistant attorney general, U.S. Department of Justice, Civil Rights Division, Jessica Feierman, associate director, Juvenile Law Center, Danielle Elyce Hirsch, assistant director of the Civil Justice Division, Administrative Office of the Illinois Courts, Nick Allen, staff attorney, Columbia Legal Services. I don't think it is very profitable. The imposition of fines and fees creates a two-tiered legal system that separates those who have the ability to pay from those who don't. Through careful fieldwork and revealing interviews, Harris shows how judges and court clerks use fines and fees to punish poor people in unequal and enduring ways. My own research into the original meaning of the Cruel and Unusual Punishments Clause shows that Justice Scalias and Thomass approach has a fatal flaw: It ignores the meaning of the word unusual. Their decision to ignore this word makes sense because there seems to be no connection between a punishments rarity and its cruelty. Vaginal Changes. The county prosecutor worries that the practice is unfair to poor defendants, and he has. Fees are user fees, user costs, to use the court system. The meaning is that the upper class (rich) can afford to pay the fine, and will often continue to do the illegal behavior. Fines - Sentencing At the webinar, Nick Allen delved into this last bucket of restitution LFOs and the issues they present. And I think that when people hear this, sometimes they get frustrated and think that I'm trying to romanticize people who break the law, or saying, "Don't give them any punishment." Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. Focusing on the original intentions of Founding Fathers cannot resolve important questions about punishment today. Dr. Harris has also found other courts nationally that are more restorative and allow people to pay off their debt by attending programs that lead to better reintegration into their community. Alexes Harris, the second guest of the episode, is a professor of sociology at the University of Washington and the author of the 2016 book, A Pound of Flesh: Monetary Sanctions as Punishment for the Poor, a detailed study of fines and fees practices in Washington State. Some states, such as Ohio and Washington, have issued bench cards outlining what is mandatory and what is discretionary. On December 3, the DOJ and the White House cosponsored an event on these issues. (2) The Clause prohibits only barbaric methods of punishment, not disproportionate punishments. This approach begs complex questions, such as who decides what is decent and what is cruel? The court has no discretion to consider the defendants ability to pay when setting restitution, emphasized Allen. This does not mean that any punishment that was once part of our tradition can still be used today. E.B. What started off as $3,400 in principal that he already lacked the ability to pay has now ballooned over $12,000 in LFOs, and there is really no end in sight because of the interest and because they are not going to expire, Allen points out. You're also doing some more national work. Six children were among the dead after a Russian missile attack on Uman; Russian soldiers are likely being placed in improvised cells consisting of holes in the ground as punishment, the UK's MoD . Restitution (50 states and the District of Columbia). And so they even recognize, a conservative Supreme Court Justice, recognizes how the criminal justice system has moved into an arena that's consistent with prior forms of abusive practices. "HARRIS:That's what people say. LFOs create family stress and relationship strains affecting children. How do we measure a punishments cruelty? The system knowsthey." One of the most serious problems was that the court issued municipal arrest warrants for missed appearances. So it just seems like a very fruitless endeavorgetting blood from stones, or drawing blood from stones. The penalties for poverty faced by the dispossessed peasantry during the formative period of the capitalist mode of production - flogging, branding, mutilation, slavery, execution - were brutal by our standards. Share this via Email In Ferguson, African Americans were 68 percent less likely to have their cases dismissed, more likely to have cases last longer and have more court encounters, and 50 percent more likely to have an arrest warrant issued against them. The Illinois report proposes four legislative actions and draft language: a civil assessment act with all assessments, an expansion of the fee waiver provision, a criminal and traffic assessment act similar to the civil one proposed, and a new criminal fee waiver provision. In other counties, anyone who owed any debt would regularly have warrants put out for their arrest, and they'd be incarcerated for up to 60 days.WATKINS:So it's not uncommon, then, for people to end up in jail for being unable to meet their debts, in this case, a debt to the court system?HARRIS:No, it's not uncommon at all. Jermaine on Instagram: "Not only was colonial Pennsylvania a slave Then there are the fees collected at almost every step of the process. Dueling continued in the United States until the mid-19th century. But in California, eliminating juvenile fines and fees is an amazing step forward in recognizing that people who can't work can't pay back this debt. EdmondsMunicipal Court Judge Linda Coburn of Washington State. Only 278 of the 1,306 fare evasion citations handled by the Arlington, Fairfax and Alexandria general district courts between July 1, 2017, and June 30, 2019, were paid, according to court. In researching the penalties imposed on young people for not paying LFOs, JLC is discovering that they include civil contempt, criminal contempt, incarceration, further fines, license suspension, violations of probation, violations of informal adjustment, civil judgment, and misdemeanors. Examples are 4.75 percent interest (Florida), 7 percent interest (Georgia), 12 percent interest (Washington), a 15 percent penalty on unpaid balances and a 30 percent collection fee (Illinois), and a 19 percent collection fee for delinquent payments and a $35 fee (Arizona). For progressives, this is an unacceptably high rate of error: The probability that an innocent person has been or will be executed offends our standards of decency, and renders the death penalty cruel and unusual punishment that violates the Eighth Amendment. Cost of care (45 states). That shouldn't be the case, right? Share this via Facebook If a punishment is significantly harsher than punishments traditionally given for the same or similar crimes, it is cruel and unusual, even though the same punishment might be acceptable for other crimes. Ukraine war latest: Strike on Black Sea fleet 'God's punishment In some ways, the Clause is shrouded in mystery. The United Nations special rapporteur on extreme poverty, Philip Alston, highlighted the practice during a recent visit to the country. WATKINS:That's a recent law, right? (3) The death penalty is currently constitutional because it is a traditional punishment that has never fallen out of usage. "I think people are still just using a different color crayon to color within the lines, and we're not yet erasing the lines," Harris explains. According to a document OSHA provided to TIME, Dollar General received $16 million in initial penalties since 2017 but has only paid $3.9 million so far and owes a balance of $631,666. How much are you spending on collections and sanctioning for non-payment? After looking up the fine, JLC discovered that it could be up to $500, and it was discretionary. If a court were to find that their effect is significantly harsher than the longstanding punishment practices they have replaced, it could appropriately find them cruel and unusual. Prior to that law, there was a requirement that courts consider ability to pay before imposing costs, but the law was read to where they consider your current and future ability to pay. For their help with this episode Id like to thank two of my colleagues here: Yolaine Menyard and Katie Crank, along with Lindsey Smith at Brooklyn Defender Services. But I still argue that right now, if you think of my son's coloring book, and he colors within the lines, I still think that people are just using a different color crayon to color within the lines.

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