by Marc Meredith, Claire
Greenberg and Michael Morse
The
recent focus on Ferguson, Missouri has generated a welcome national dialogue about
criminal justice policy in the United States and the rampant use of legal financial
obligations, such as fines and court fees, to fund government services. In a
report analyzing all that went wrong in Ferguson, the Department of Justice highlighted
costly penalties for municipal violations, which saddle the poor with a sizable
amount of debt to the courts. Ferguson assessed these penalties regardless of
an individual's ability to pay, and then put
individuals who could not afford to pay their debt on payment plans that carry
high fees. Every missed or partial payment was treated as a "failure to
appear" offense, which may then result in an arrest warrant.
While in some ways the case of Ferguson is an outlier,
less extreme versions of this same story could be documented across the United
States.
We
have spent the past year researching the role of criminal
debt in Alabama. One of the major issues we have identified in carrying out
this research is that while individual fines and fees
might not seem overly burdensome, they accumulate to form a
substantial amount of debt. When considered in isolation, it seems
quite reasonable to charge someone convicted of a crime $30
for the investigation of their criminal history and $21 to help
fund the Alabama Solicitor General's Office. Yet it isn't unusual to find that
all of the fines and fees associated with a single conviction, felony, or
misdemeanor add up to $2,000 or more.
If
a conviction involves restitution, the total cost can be substantially more. Another
reason fines and fees accumulate is that different levels of government all
want their share of the revenue. Consider
docket fees, which are the price of a case being placed on a court's calendar
and are present in every case the court hears. Docket fees, like every other type
of fee, are not part of the punishment, but rather reflect the cost of using
the courts. In Alabama, the statewide felony docket fee is $247,
but counties can tack on their own fees too. So Coosa County,
for example, adds an additional $58 to the docket fee. Surprisingly, municipal
violations can be even worse. A municipal ordinance violation docket fee can
range from $144 to $374· The docket fee for a traffic infraction
can be $111 to $199.
Our
research shows that the median amount of fines, fees, and restitution associated
with a felony conviction in Alabama in 2005 was about $2,000.
The median annual income reported in a 2014 survey of Alabama
ex-felons by Foster Cook was less than $10,000. Cook's study found that 60 percent
of individuals in Alabama paying court costs had to choose between paying off
their debt and buying essentials. In
the same study, 17 percent of individuals
admitted to committing crimes to pay court costs. Given this, we were
not surprised to find
that the median balance owed today on a 2005 felony conviction is
about $1,000.
Despite
this, our research documents a general increase in court costs over
time, leaving more and more individuals with outstanding
criminal debt. Not only is
it common for courts to
charge fees for payment plans as in Ferguson,
but courts may also charge fees for debt collection.
Alabama imposes a fee of 30% after 90 days. Failure to pay this
criminal justice debt may result in an individual
having his or her driver's license suspended or even spending
time in jail. In some states, including Alabama
but also Arizona, Arkansas,
Florida, Iowa, Kentucky, and Tennessee,
restoration of voting rights are conditioned on
the payment of these legal financial obligations.
More
work on this topic is needed. The extent of
criminal justice debt-
and the broad inability to pay it off-suggests
that legal financial obligations themselves could play an important,
though under-theorized, role in structuring
inequality and mediating citizens' relationship with the state.
Marc
Meredith is an associate professor
of political science at Penn,
and Claire Greenberg, C'17, is
a Philosophy, Politics,
and Economics (PPE)
major. Michael Morse, C'13, is a graduate
student in government at Harvard University.
Penn Arts &
Sciences magazine, Spring/Summer 2015.