Court Fees Called ‘Another Layer of Punishment’ for Rural Poor

NOTE: “The Crime Report” Offers 5 free reads.

This article is another example that discusses fees used as criminal punishments. Not to long ago it was perfectly fine for Courts to use monetary fees as part of vehicle and traffic violations and low-level criminal sentencing. Fines were an option instead of jail/prison time. Fines were a acceptable form of punishment. Then in 2015 because of the Ferguson incident and DOJ investigation it was reported that court fees were a mechanism to supplement the City budget. This translated to a debtors prison and now the use of fines by courts are being criticized.

Nationwide, research over the last decade has documented how skyrocketing court fines and fees cause harm to those least able to pay them, and make future justice involvement more likely.

In the most recent study, Idaho was singled out as relying almost entirely on penalties and fines to fund its judicial system, even as the state confronts more than $195 million in uncollected court debt.

The study, published by the Idaho Law Review, exposed what its authors call an unhealthy conflict between using fines and fees as both a source of revenue and punishment, and said they  imposed an inequitable burden on the rural poor and communities of color.

“For people caught up in the criminal system, fees simply operate as another layer of punishment on top of fines,” the study said. “Enforcing monetary sanctions with the threat of additional fines, fees, and jail time merely recriminalizes financially precarious people, without any legitimate policy goal or discernible benefit to the state.

Court Fees Called ‘Another Layer of Punishment’ for Rural Poor

Access the article here: https://thecrimereport.org/2021/06/29/court-fees-called-another-layer-of-punishment-for-rural-poor/

Blood from a Turnip: Money as Punishment in Idaho

The fines, fees, costs, or other financial obligations are staggeringly high. On a weekly basis, in criminal cases, I order people who make $9/hour to pay over $250 in court costs alone. That is without restitution, without a fine, without a civil penalty, without restitution [for] the victim, without public defender reimbursement, without the costs of probation supervision, with the pre-sentence investigation fee, etc. There is no way to get blood from a turnip. The greatest single challenge is the blood from a turnip problem. Often, the cost for collections [is more] than the order to pay. …Right now, the costs just defeat the person from the very beginning.–Anonymous Idaho Judge (2019)1

Introduction:

On October 28, 2019, Peace Officer Kyle Rawlins cited Roxana Beck for a parking violation in Mountain Home, Idaho.2After further questioning and investigation, Officer Rawlins arrested Ms. Beck for alleged possession of drug paraphernalia and transported her to the Elmore County Detention Center where she was booked into jail.3 At the time of her arrest, Ms. Beck was employed part-time at Burger King earning $12an hour, so the Elmore County Court determined that she was indigent and appointed a public defender to represent her.4

Blood from a Turnip: Money as Punishment in Idaho

Get the article HERE

PROTEST LAWS

Eight States Enact Anti-Protest Laws

Eight states have passed laws cracking down on protest activity since Black Lives Matter protests erupted across the United States last summer, according to the International Center for Not-For-Profit Law, which tracks such legislation. Similar bills are pending in 21 states, according to the Washington, D.C.-based center.

New laws enacted in Arkansas, Florida, Iowa, Oklahoma and Tennessee this year increase penalties for blocking traffic, tearing down monuments and other unlawful behavior during a protest or riot. The bills typically define “riot” as a gathering of three or more people that threatens public safety.

See more HERE

Republicans Respond to Black Lives Matter with Anti-Protest Bills

This story has been updated to clarify changes to penalties for drivers under state legislation.

Genee Tinsley helped organize rallies and marches in Palm Beach County, Florida, last summer to protest police brutality, demand racial justice and call for redirecting some police funding to social services.

Now she’s organizing an online forum to teach people about a Florida bill that would increase penalties for unlawful activity during a protest. The bill could give law enforcement broad discretion to declare a gathering a “riot” and charge participants with a felony crime.

See more HERE

Interactive Map – US Protest Law Tracker

Scroll down for information on Legislation and executive orders

The MAP and LAW and be found HERE

The Glenn Show: Glenn Loury and Mark Kleiman

3/10-3/12/2012

Glenn Loury (Watson Institute for International and Public AffairsBrown University) and Mark Kleiman (The Reality-Based CommunityNYUWhen Brute Force Fails)

Mark and Glenn start off by recalling Harvard’s Kennedy School in 1980s, where they both came to know James Q. Wilson. Mark says liberals got the crime question wrong, while Glenn urges that “crime” be placed in broad political perspective. Glenn asks why the US imprisons so many—could the answer be American democracy? Glenn and Mark argue the merits of the new parole supervision policy reflected in Project HOPE. They close with a heated debate on crime, human nature, and Wilson’s legacy

You can get the show HERE

My favorite theory from Dr. Kleiman as a police strategy is Enforcement Swamping. In a nut shell Swamping occurs, lets say in a parking lot when police give extra enforcement at the entrances so persons using the parking lots might believe that this “extra enforcement” is throughout the parking area and the “bad people” believe that it is risky to use the parking lot and either go somewhere else or stop there bad activities.

Crime, Justice, and Reform (Glenn Loury & Peter Moskos) on The Glenn Show

12-23-2019

Glenn Loury (Watson Institute for International and Public AffairsBrown University) and Peter Moskos (John Jay Collegecopinthehood.com)

·         Peter explains how stop-and-frisk went too far  2:36
·         Who or what deserves credit for NYC’s massive murder decline?  10:48
·         Peter: Reducing poverty is not the way to reduce crime  18:31
·         Are cops reaping the whirlwind?  20:48
·         The aftermath of Freddie Gray in Baltimore and Laquan McDonald in Chicago  29:38
·         Criminal justice reform and the potential backlash  37:09

This is another terrific podcast by Glenn Loury. Peter Moskos is a very interesting guest. Dr. Moskos has an interesting insight into police work. You should also check out the stuff that Moskos posts on his websites.

Multnomah County DA on why 80% of civil unrest cases have been rejected | KATU

The problem is that normally the DA probably doesn’t reject 80% of local law enforcement cases from any department. So imagine how the police feel having to face the rioters, having to observe the lawlessness, make arrests when possible, and the have the DA indiscriminately throw out the case and there is no justice for the victims and society. How do DAs get by without upholding their oath of office? Why doesn’t the chief executive officer hold them accountable?

New data from the Multnomah County District Attorney’s office is providing a clearer picture of how the civil unrest cases are being prosecuted. The District Attorney’s office says 1,108 criminal civil unrest cases were referred to them between May 29, 2020, and June 11, 2021. Of those, 891 criminal cases were rejected. “We look at every case individually and based on the merits,” said Mike Schmidt, the Multnomah County District Attorney.
— Read on katu.com/news/local/multnomah-county-district-attorney-has-rejected-80-of-civil-unrest-cases

Exonerated Defendants Lost 25,000 Years to Wrongful Imprisonment

Exonerated defendants have collectively served over 25,000 years in prison as of June 1, according to a report released by The National Registry of Exonerations (NRE). Black defendants were imprisoned more frequently and for more time than white defendants, the report found.

The NRE, which has reported every known exoneration in the U.S. since 1989, called the latest tally a “dark milestone” in its perennial assessments of wrongful convictions. The new figure represents a significant increase since 2018, when the NRE calculated a total loss of 20,000 years.

The most recent report lists 2,795 exonerations, with each exoneree serving an average of eight years and 11 months, and it includes dozens of defendants exonerated since 2018 who spent over 25 years in prison for crimes they didn’t commit.

Some 55 percent of exonerees haven’t received any compensation for their incarceration, according to research conducted by Jeffrey Gutman of the George Washington University Law School.

Still, the report represents an incomplete picture of exoneration and compensation.

Get the report HERE