Open Access Publisher and Free Library
CRIMINAL JUSTICE.jpeg

CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in Economics
Circumscribing Alaskan Law Enforcement's Access to Pretrial Electronic Monitoring Location Data

By Rosa Gibson

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of pretrial releasees in this area, should treat warrantless searches of this type as per se unreasonable, absent narrow exceptions. This Note posits that a reverse location search of pretrial electronic monitoring data for general investigative purposes constitutes a “search” under both the U.S. and Alaska Constitutions. Through the contextualization of Alaska’s use of electronic monitoring, analysis of the impact of Alaska’s constitutional right to privacy on the search inquiry, and analogy to the constitutionally suspect geofence search, this Note demonstrates that requiring a warrant for this data for investigative purposes is consistent with Alaska’s search-and-seizure jurisprudence. Acknowledging the inherent tradeoffs involved in pretrial release, this Note strives to establish a workable middle ground where law enforcement can access sophisticated tools in the interest of public safety without abandoning the privacy values the Alaskan people have enshrined in their constitution.

The Scam Economy: The True Cost of Online Scams and Crimes in America

By  Consumer Federation of America

Federal agencies, third parties, and other groups report on scam losses each year, but these numbers are only the tip of the iceberg in measuring the size and devastation experienced by those who are targeted. Behind these reports and big spreadsheets describing reported losses are shattered families, rent money lost, and grandmothers exploited. Newer technology is leading to a rise in these scams – in both severity and number: AI is supercharging these scams, social media platforms are enabling the spread, and data brokers facilitate targeting of victims, allowing criminals to reach consumers at massive scales while exploiting highly precise profiling to victimize vulnerable people. One of the biggest problems in fully understanding the scope of these scams is underreporting. Due to reporting fragmentation and communication, as well as the understandable devastation, embarrassment, and confusion that victims often feel, estimates on how many people report their losses to scams put it extremely low – often in the single digit percent of the actual number, according to conservative key government estimations. CFA is proud to publish this report that takes the most conservative estimate of underreporting and uses it to estimate The True Cost of Scams. While this issue is complicated to solve completely, there are significant unrealized opportunities for legislators, enforcement agencies, and industry to step up to address it.

Washington, DC: Consumer Federation of America, 2026, 31p.

A WORLD OF DECEIT MAPPING:  THE LANDSCAPE OF THE GLOBAL SCAM CENTRE PHENOMENON

By Kristina Amerhauser | Alex Goodwin

Scams and fraud have undergone a profound evolution in recent decades, becoming one of the most sophisticated, pervasive and lucrative forms of organized crime globally. According to the Global Anti-Scam Alliance, 57% of adults worldwide reported experiencing a scam in the previous 12 months. Estimates suggest that more than US$1 trillion was generated from scams and fraud in 2024 alone


Rather than focusing on individual scam typologies – such as romance, investment or impersonation scams – this report examines the scam centre as a distinct organizational unit, mapping the various forms they take, the different economic models they use, and the broader ecosystem that allows them to operate and expand. 

Around the world, these hubs of scams appear in different shapes and sizes. Some are located in apartments, hotels or villas, which offer discretion and the ability to relocate quickly – and sometimes in-built security. Many rent office space, sometimes with legal call centres as neighbours, providing camouflage for criminal activities. At the largest scale, cyber scam compounds in South East Asia host extensive workforces and structured operations with management, financial services and technical infrastructure. In some contexts, they also operate from prisons or pre-trial detention centres, where a captive workforce and collusion with officials can facilitate criminal activity. 

This new research report finds that whatever form they take, size does not always correlate to impact. Small operations can also be highly effective, and may sometimes be linked to an overarching scam network, essentially making them nodes in a dispersed scam centre. 

Despite their varied physical footprints, scam centres are enabled by six common ‘glocal’ force multipliers that allow them to operate, scale and target victims worldwide: networked groups; technology and crime-as-a-service; money; political protection; people; and geopolitics. 

Technology is a critical driver of the scam economy. It enables scammers to reach victims around the world at minimal cost and provides tools to circumvent cyber defences. Some of the tools used include deepfakes, cloned applications, fake investment platforms and instant translation, as well as the use of data that enables precise social targeting of victims. 

Illicit financial flows generated through scams are handled through a combination of money mules, cryptocurrencies, fintech tools and physical assets. These mechanisms often operate simultaneously, making it difficult and time-sensitive for law enforcement to trace illicit proceeds. 

The report also highlights the central role of people in scam centre operations. Workers may be recruited locally with promises of lucrative salaries or trafficked from abroad and forced to work in exploitative conditions. In South East Asia alone, an estimated 300 000 people have been trafficked into scam compounds. 

Looking ahead, the research identifies three major risks: displacement, diffusion and de-globalization. These dynamics may lead scam centres to become more embedded in more places, especially in areas where governance is weak. Some countries may also become linked to the scam economy not by hosting scam centres themselves but by facilitating money laundering or enabling services. 

The report concludes that tackling scam centres requires addressing the interconnected nature of their operations. Single-strand approaches may disrupt individual operations, but they will not meaningfully affect the broader environment in which scam centres thrive. 

Geneva: Global Initiative Against Transnational Organized Crime., 

, 2026. 52p.

We Can’t Afford It: Mass Incarceration and the Family Tax

By Brian Elderbroom, Peter Mayer, and Felicity Rose

Key Findings:

  • Families with an immediate family member incarcerated spend an average of $4,195 annually to maintain contact and provide support; spouses/co-parents spend the most ($6,225 annually), followed by adult children ($5,470 annually).

  • Families spend a total of $5.6 billion annually on commissary deposits, prison accounts, and other direct support for basic necessities and other items their family members might need.

    • Black family members spend $280 per month on direct support compared to $152 per month for white family members.

  • On an annual basis, Black family members spend 2.5 times more ($8,005) than white family members ($3,251). 

    • Hispanic family members spend an average of $6,367 annually, and Native American family members spend an average of $6,464 annually.

This mixed-methods report quantifies the financial costs incurred by families when a loved one is incarcerated. Drawing on a nationally representative survey of adults with an immediate family member incarcerated for at least three months, supplemented by focus groups, the study documents both direct out-of-pocket spending and longer-term financial impacts. The central finding is that families pay large, recurring costs to maintain contact and provide for incarcerated loved ones, and they suffer persistent income losses that compound intergenerationally. The authors estimate that families collectively bear an annual financial burden of $348 billion. These costs are not distributed evenly: Black, Hispanic, Native American, and low-income families shoulder a disproportionate share, devoting more of their household resources to supporting incarcerated relatives. All in all, the findings highlight the far-reaching consequences of incarceration on family financial stability and intergenerational economic opportunities.

Law Enforcement with Rent Dissipation

By Murat C. Mungan. J. Shahar Dillbary

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the optimal sanction is smaller than the classic optimum and it is decreasing in the degree of rent-dissipation; and a legislator who does not fully internalize contest costs chooses an overly-punitive sanction which is smaller than the classic optimum. The opposite results are obtained when offenses are elastic. We discuss implications and extensions.

Neo‑colonialism and financing for the war on drugs: a review of current policy and recommendations for countries in the global north

By Colleen Daniels, Naomi Burke‑Shyne. Catherine Cook and Anoushka Beattie

Neo‑colonialism and financing for the war on drugs: a review of current policy and recommendations for countries in the global north Colleen Daniels1*, Naomi Burke‑Shyne1^, Catherine Cook1 and Anoushka Beattie2 Abstract Globally, punitive drug control upholds racist and colonial structures. Marginalised and racialised communities, including Indigenous peoples, are disproportionately targeted and affected by punitive drug policy in law enforcement, judicial and carceral systems, and policy implementation. Power imbalances also exist at the international level, with high income countries exerting influence over drug policy in low- and middle-income countries. This paper examines that influence through financial and material aid, technical assistance, capacity building, educa‑ tion and awareness campaigns and the interaction between the vested interests of the private sector and the State, specifically via the Prison Industrial Complex and land and resource grabbing in conflict and post-conflict contexts. The global war on drugs entrenches power imbalances and reproduces mechanisms of racial control and subordina‑ tion. To begin to decolonise drug policy, the financial and material basis of these mechanisms must be illuminated and dismantled and this paper offers recommendations on how to move forward (Dangerous Drugs Ordinance, 1923; Carrier et al., 2020).

Paying the Price: The Cost and Impact of Imprisonment on Families in Ireland

By The Irish Penal Reform Trust

For years now, IPRT has sought to shine a light on an overlooked group of families and children in Irish society – those with a family member in prison. Not only do very many families in this situation face ongoing stigma, but there is also a very real impact on their everyday lives. This report seeks to highlight the challenges these families and children face. What is clear from the research findings is that they regularly struggle to make ends meet and experience high levels of poverty and deprivation, often without access to dedicated or adequate support. We know that parental imprisonment can have an extremely detrimental and disruptive impact on a child or children as well as their partner and wider family. While previously IPRT estimated that more than 5,000 children had a parent in prison daily with over 10,000 children affected each year, with the current record prison overcrowding levels this number is likely to be much higher. In the absence of concrete and up-to-date data, it is much more difficult to identify the scale and type of issues that these families face. It also makes it harder to design and introduce policy solutions or interventions that could make a significant differenceRecent commitments in Young Ireland: The National Policy Framework for Children and Young People 2023-2028 to improve the reliability and accessibility of data on parental imprisonment, improve visiting conditions and put in place a policy as well as prison staff undertaking child-rights training, are all very welcome. The recruitment by the Irish Prison Service (IPS) of a dedicated Family Connections Officer is a step in the right direction. However, the IPS is not solely responsible for families and children impacted by imprisonment. This is a much wider issue that requires a whole-ofgovernment response and commitment. Very many of the children impacted will already be counted in the child poverty statistics as we already know that households headed by single parents experience the highest rates of poverty and deprivation. Yet, the connection is not always made that the reason for someone parenting alone is that their co-parent has been imprisoned and that these families have lost an essential income. At the same time, they are having to adjust to life withouttheir partner. The cost is not only financial; imprisonment takes an emotional toll on a person’s family and affects everyone’s mental health and wellbeing. Lives are turned upside down. This is very clearly seen in the responses from the people who were so generous with their time to share their experience for this report. Usually when a family suffers the loss of a parent, their extended family and community network rally around and support them, ask them how they are and see how they can help. However, the people who took part in this research tell us how they were treated differently – they were ignored, unfriended and no help was forthcoming. This is also evident at an official level – bereaved partners are able to avail of exemptions from some of the more stringent criteria to apply for social welfare support (and rightly so) but the same rules do not apply for families who lose a parent to prison even though they face the same drop in income, the same costs and a similar sense of loss.

Dublin: The Irish Penal Reform Trust (IPRT), 2025. 60p.

Handcuffing Heirs: How Seizing Inheritances to Collect Pay-to-Stay Prison Fees Hinders Recovery and Financial Stability

By Nketiah “Ink” Berko  

An inheritance is an important family legacy that can provide a safety net for future generations. For working families struggling to keep up with rising living costs, the transfer of a family home or other inheritance can provide newfound economic security. In particular, the anticipated wealth transfer from the Baby Boomer generation to their heirs — estimated to be over $50 trillion — has the potential to provide millions of families with improved financial stability.

The hard-earned wealth of working-class families, however, has become increasingly vulnerable. Affluent families are often better situated to protect and transfer their wealth using legal tools such as trusts or business entities. By contrast, working-class families’ wealth — the majority of which is held as home equity — is far more precarious and often vulnerable to seizure to cover health care costs and other expenses before it can be passed on and can face additional threats when transferred.

One example of the precarity of working-class intergenerational wealth arises in the criminal-legal context. More than half of states potentially authorize seizing the inheritances of incarcerated or formerly incarcerated people to pay for the costs of their own incarceration, known as “pay-to-stay” fees. Nearly every state charges incarcerated people these pay-to-stay fees, which may include charges for room and board, medical expenses, and other necessities.

A recent study by Professor Brittany Deitch found that, of the states that charge individuals for incarceration-related expenses, three expressly authorize seizure of inheritance assets and 25 may potentially permit it.

These seizures of inheritances for pay-to-stay fees may occur decades after a person served their sentence and can jeopardize financial stability in old age. Connecticut resident Teresa Beatty, for instance, received a bill for over $83,000, stemming from a two-year incarceration that ended 20 years prior, when her mother passed away and left her a portion of the family home.

Pay-to-stay laws and, in particular, the seizure of family inheritances to cover pay-to-stay fees, exacerbate an already wide chasm between the haves and have-nots, causing poor families to grow poorer as rich families continue to grow richer.

Seizing family inheritances to pay for incarceration causes particular harm to Black communities. Due to widespread inequities across the criminal justice system, as well as historic disinvestment in Black neighborhoods, Black families have less wealth available to pass to their heirs and are more likely to lose what little wealth they manage to build to the government to pay for the costs of operating prisons and jails. Moreover, seizure of resources to collect pay-to-stay fees can make it harder for returning citizens to achieve the financial stability necessary to reintegrate into society and avoid reincarceration.

Constitutional challenges to pay-to-stay fees have largely been unsuccessful, but reformers have made progress through several state legislatures. IllinoisNew Hampshire, and Missouri have repealed their pay-to-stay statutes in recent years. Additionally, in 2022, Connecticut partially reformed its pay-to-stay laws, exempting incarcerated individuals from paying the first $50,000 of their incarceration costs and collecting only from individuals convicted of “serious crimes.”

State policymakers have an important role to play in reforming the laws that sentence formerly incarcerated people and their families to generations of debt. In addition to an analysis of the disparate harm that pay-to-stay laws and inheritance seizures have on low-income and Black communities. This paper provides recommendations to state lawmakers on how to end or alleviate the punishing impact of incarceration fees.

State policymakers have an important role to play in reforming the laws that sentence formerly incarcerated people and their families to generations of debt. In addition to an analysis of the disparate harm that pay-to-stay laws and inheritance seizures have on low-income and Black communities. This paper provides recommendations to state lawmakers on how to end or alleviate the punishing impact of incarceration fees.

National Consumer Law Center, 2025. 7p.

The Hidden Web of Criminal Legal System Fines and Fees in Kentucky

Ashley Spalding, Pam Thomas, Patience Martin, Scott West and Kaylee Raymer | July 8, 2025

Thousands of provisions in Kentucky state law, and untold local ordinances, make up a vast, hidden web of criminal legal system fines and fees that trap many people in a cycle of long-term debt and incarceration. In a poor state like Kentucky, owing a few hundred dollars in fines and fees for a minor offense can all too easily ensnare a person indefinitely in the criminal system and result in lost income and employment, homelessness, poor health, and family instability, among other consequences. As of 2019, Kentuckians owed at least $91 million in fines and fees debt.

2025. 27p.