By Washington State Statistical Analysis Center

This project seeks to discover whether exclusionary discipline and later criminal justice system involvement are associated, and to determine whether race, sex, and homelessness are confounding factors. The Washington Statistical Analysis Center (SAC) applied for and received the 2018 State Justice Statistics Grant from BJS. Among other projects, the SAC sought the grant to evaluate the connection between a student’s exclusionary discipline and their future justice system involvement in Washington. This evaluation connects data from schools and the courts to assess the strength of this relationship and examine the influence of other factors (such as race, sex, and homelessness). Here are some of the main takeaways from this report: • Students identified as male were more than two times as likely to be associated with postgraduate convictions as compared to their female counterpart. • Students with any homelessness were 1.7 times as likely to be associated with a post graduate conviction than student with no record of homelessness. • Students identified as American Indian or Alaskan Native were more than two times more likely to have a post-graduate conviction than students identified as other races • Students identified as Black/African American had at least one exclusionary discipline event (25.1%) at nearly twice the proportion of the cohort average (13.6%), with students identified as American Indian/Alaskan Native and Hispanic/Latino not far behind. • Results should be interpreted with caution. 

Olympia, WA: Washington STate Statistical Analysis Center, 2022. 11p.

By Katie Hunter https://orcid.org/0000-0001-7811-5666 k.hunter@mmu.ac.uk, Claire Fitzpatrick https://orcid.org/0000-0003-4662-2342, […], and Julie Shaw

In 2018, the National Protocol on Reducing Unnecessary Criminalisation of Looked-after Children and Care Leavers was published in England. The protocol represented national recognition of the issue and called for local authorities to implement their own agreements. However, the protocol was given no statutory status, which immediately raised questions about its potential impact. Drawing on analysis of 36 local protocols from across England and Wales, this article explores the challenges and possibilities of using local agreements to divert children in care and care leavers away from formal justice systems contact.

Youth Justice Volume 24, Issue 1, April 2024, Pages 53-69

By Yin-Lan Soon, Sara Singh, David Greenberg, Natasha Rae, Daria Korobanova, Carolynn Dixon etc.

Mental health court diversionary programs are a key strategy to address over-representation of individuals with a mental illness in the criminal justice system. The study examined 2,476 individuals identified as eligible for mental health court diversion by the Statewide Community and Court Liaison Service (SCCLS) in New South Wales (NSW), Australia and compared reoffending of those granted and not granted court diversion. Individuals not diverted had 43% higher reoffending rate than those granted diversion. Predictors of non-diversion and reoffending included younger age, being male, Aboriginal and/or Torres Strait Islander background, primary personality and/or substance use diagnosis and non-violent offence charges.

INTERNATIONAL JOURNAL OF FORENSIC MENTAL HEALTH, 1-15, 2024

By: Aaron Arnold, Precious Benally, and Michael Friedrich

In recent years, several U.S. states have adopted legislation aimed at decreasing sentences for low-level drug offenses. These reforms represent a promising effort to reduce the use of unnecessary incarceration. But one consequence has been reduced enrollment in drug courts. This paper explores how drug courts can adapt themselves to sentencing reforms and continue serving as a powerful, lifesaving intervention for court-involved individuals with substance use disorders.

New York: Center for Court Innovation, 2020. 12p.

By Odile Ammann,

In Domestic Courts and the Interpretation of International Law, Odile Ammann examines the methodology and reasoning which domestic courts, including Swiss courts, use to interpret international law. She argues that interpretative methods must be taken more seriously in international law. Readership: Domestic judges, academics working on international law, legal theory, and judicial reasoning, academic libraries, advocates, public servants, diplomats, students, and laypersons interested in the relationship between domestic and international law.

Leiden: Brill | Nijhoff, 2019. 404p.

By Nisha Waller

The legal dragnet examines the law and prosecution practice concerning secondary liability, often referred to as 'joint enterprise'. Focusing on homicide cases, it highlights the risks posed by the current ambiguous law and makes a case for creating a safer framework for prosecution.

The report finds joint enterprise laws are vague and wide in scope, causing systemic injustice, including overcriminalisation, over punishment, discriminatory outcomes, and convictions where there is no compelling evidence of intent and a defendant’s physical contribution is minimal.

In particular, the current law:

• was not ‘fixed’ by the Supreme Court in 2016.

• does not have clear parameters on secondary parties’ conduct and contribution to an offence.

• lacks clarity about what counts as assistance and encouragement (the latter in particular).

Under the current vague law, suspects are routinely charged and cases constructed with an absence of rigour, quality, and precision as to the role of each defendant. The law encourages:

• the police and Crown Prosecution Service to charge suspects based on poor-quality evidence.

• ‘storytelling’ and highly speculative prosecution case theory to take precedence over strong evidentiary foundations.

• the use of gang narratives and vague concepts such as ‘in it together’ to construct collective intent. The risks of legal vagueness are particularly borne by young Black men and teenagers, who are most likely to be labelled and stereotyped as gang members.

Given the gravity and long-standing nature of concerns about the current law, the scope of secondary liability law needs to be narrowed in favour of a clearer and safer legal framework. Preventing wrongful convictions and their grave implications should take priority over the ease of prosecution.

The government must make good on their commitment to reform the laws of secondary liability as soon as is practically possible.

A minimum next step is for the government to request a Law Commission review. In addition to legal reform, urgent action is required regarding the various unjust processes that have flourished under the current vague law, highlighted in this report, particularly police and Crown Prosecution Service charging decisions, the overuse and misuse of gang evidence, and speculative and far-reaching prosecution case theory

Centre for Crime and Justice Studies, 2024. 32p.

By Martin Shaw

Political Racism conceptualizes a distinctive form of racism – intentional, organized hostility mobilized by political actors – and examines its role in the Brexit conflict and in the rise of a new nationalist politics in the UK. In a compelling analysis the book argues that Powellite anti-immigrant racism, reinterpreted in numerical terms, was combined with anti-East European and anti-Muslim hostility to inform the Vote Leave victory. This type of racism, which has a special significance in societies where racism has been delegitimized, is shown to have further shaped the form of EU withdrawal and also the government’s post-Brexit policies.

Newcastle upon Tyne,  Agenda Publishing Limited, 2022. 184p.

By Tom Sparks 

This open access book brings conceptual clarity to the study and practice of self-determination, showing that it is, without doubt, one of the most important concepts of the international legal order. It argues that the accepted categorisation of internal and external self-determination is not helpful, and suggests a new typology. This new framework has four categories: the polity-based, secessionary, colonial, and remedial forms. Each will be distinguished by the grounds, or the legitimacy-claim, on which it is based. This not only ensures consistency, it moves the question out of the purely conceptual realm and addresses the practical concerns of those invoking self-determination. By presenting international lawyers with a typology that is both theoretically consistent and more practically useful, the author makes a significant contribution to our understanding of this keystone of international law.

London: Hart Publishing, 2023. 280p.

By Suzanne M. Strong, and Mark Motivans

This report provides statistics on the number of RICO investigations concluded and persons investigated by U.S. attorneys from fiscal year (FY) 2012 to FY 2022. It also presents statistics from FY 2018 to FY 2022 on investigations concluded by U.S. attorneys with multiple persons investigated; persons prosecuted, adjudicated, and sentenced with a RICO violation as the most serious offense; persons convicted with a RICO violation as the most serious offense or as a secondary offense; and conviction rates by state or territory.

Washington, DC:  U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2024.11p.

By Hannabeth Franchino-Olsen  , Brittney Chesworth 

This document review investigated policies that govern Batterer Intervention Programs (BIPs) across the United States. The document review systematically analyzed current state practice standards (n = 46) across the United States that guide BIPs. Data collection and abstraction took place between June of 2019 and January of 2020. Descriptive statistics were calculated for standard development and revision processes, BIP oversight, and requirements for program structure and curriculum. This review revealed key findings about standard requirements, including: (a) most do not cite research as having informed their development; (b) most have been revised in the past decade; (c) state agencies involved in BIP oversight are typically social or health agencies or a judicial board; (d) most require BIPs to provide intakes, group education, gender-exclusive groups, two facilitators and to cover a variety of topics; (e) most do not require individualized treatment or program evaluation. Additional findings around program structure, intake and assessment, and curriculum and intervention requirements are explored. Collectively, standards not changed much in the last decade and often standards do not reflect the latest research on IPV perpetration. Multidisciplinary teams, including researchers familiar with the IPV literature, should work collaboratively to revise standards based on best practices.  

Aggression and Violent Behavior Volume 77, July–August 2024, 101941

By Minnesota Senate,  Joint Transportation and Judiciary and Public Safety Committee Minnesota Senate

After George Floyd’s death, Minnesota experienced an unprecedented series of riots (primarily in the Twin Cities area) that included arson, vandalism, looting, homicides, and assaults. As these riots grew, local law enforcement and law enforcement from around the state were so completely over whelmed it was necessary to activate the entire contingent of the Minnesota National Guard in order to restore law and order. Activation of the full Minnesota National Guard had not occurred since World War II. Lives were lost,  over 1,500 businesses and buildings were burned, approximately $500 million in property damage occurred, and community morale was deeply affected. As a result of these events, the Minnesota Senate convened several joint committee hearings consisting of members from the Transportation Finance and Policy Committee and the Judiciary and Public Safety Finance and Policy and Finance Committee (the Joint Committee). The Joint Committee’s purpose was to compile the facts, reach conclusions regarding the efficiency of state and local governments’ responses, and make recommendations to prevent similar catastrophes in the future. As the hearings progressed and the facts were examined, a theme emerged highlighting the response of both the state and local governments and their respective elected officials. The main themes that led the Joint Committee to the conclusions and recommendations found in this report were: 1. Failure to Lead: Executive leadership at the state and local level failed to distinguish between demonstrators and rioters. Furthermore, leaders failed to provide the guidance Minnesotans expect from their offices. 2. Philosophical Conflict Caused a Hesitation to Confront Ideological Allies: Minnesota Governor Tim Walz and elected local leaders identified with the causes promoted by the demonstrators, causing them to lose sight of their responsibility to protect the public from criminal acts committed during the riots. 3. Underestimation of the Escalation and Organization of the Riots: Governor Walz did not realize the severity of events as they unfolded, resulting in a delayed reaction and increased violence. 4. Refusal to Confront Criminal Violence with Force: Governor Walz and Minneapolis Mayor Jacob Frey initially chose to negotiate with and appease the rioters rather than give law enforcement the authority to confront criminal acts with enough force to restore law and order. A primary responsibility of the Office of the Governor of the State of Minnesota and local elected officials is to protect the public. Inaction on the part of state and local officials led to an increase in violence.  This summary is based on evidence presented to the Joint Committee and throughout this report. The Joint Committee’s conclusions and recommendations contained in this report are supported by over 350 fact citations from hearings, press conferences, news articles, data practice requests, and written testimony.  

St. Paul: Joint Transportation and Judiciary and Public Safety Committee Minnesota Senate, 2020. 61p.

May Contain Markup

By Raymond T. Nimmer

Problem Identification: The document highlights the extensive issue of arrests for public drunkenness and vagrancy, which disproportionately affect skid row men and strain the criminal justice system.

Current Approaches: It discusses the effectiveness of current criminal justice approaches in addressing the needs of skid row men,often leading to a "revolving door" of arrests without meaningful intervention.

Alternative Solutions: The document explores alternative programs in cities like St. Louis and Washington, D.C., focusing on detoxification and social services rather than criminalization.

Research and Analysis: It provides a comparative analysis of traditional criminal justice systems and alternative programs,emphasizing the need for policy changes to improve outcomes for skidrow men.

Chicago American Bar Foundation , 1971, 202 pages

By  Leslie M. Barnard, Megan McCarthy, Christopher E. Knoepke, Sabrina Kaplan, James Engeln and Marian E. Betz,

Background: Extreme Risk Protection Orders (ERPOs) are a relatively new type of law that is being considered or implemented in many states in the United States. Colorado’s law went into effect on January 1, 2020, after significant controversy and concern over the potential misuse of the law to confiscate weapons; many (n = 37 of 64) counties declared themselves “2nd Amendment (2A) sanctuaries” and said they would not enforce the law. Here, we reviewed the patterns of use of the law during its first year. Methods: We obtained all court records for ERPO petitions filed between January 1 and December 31, 2020. Data elements were abstracted by trained staff using a standardized guide. We calculated the proportion of petitions that were approved or denied/dismissed, identified cases of obvious misuse, and examined patterns by 2A county status. Finding and results: In 2020, 109 ERPO petitions were filed in Colorado; of these, 61 were granted for a temporary ERPO and 49 for a full (year-long) ERPO. Most petitions filed by law enforcement officers were granted (85%), compared to only 15% of petitions filed by family or household members. Of the 37 2A sanctuary counties, 24% had at least one petition filed, versus 48% of non-2A sanctuary counties. Across the 2A counties, there were 1.52 ERPOs filed per 100,000 population, compared to 2.05 ERPOs filed per 100,000 in non-2A counties. There were 4 cases of obvious law misuse; none of those petitions resulted in an ERPO or firearm confiscation. Conclusion: State-level studies suggest ERPOs may prevent firearm injuries. Robust implementation, however, is critical for maximal effect. Understanding ERPO experiences and challenges can inform policy creation and action in other states, including identifying how best to address concerns and facilitate evaluation.

Inj. Epidemiol. 2021 8(59)     

By The Bureau of Justice Assistance and Office of Community-Oriented Policing Services

In the wake of the COVID-19 pandemic, a tightening labor market, heightened community frustration with the policing profession, and concerns about officer safety and well-being, law enforcement agencies across the country face a historic crisis in recruiting and retaining qualified candidates. SocAs agencies continue to seek innovative ways to attract qualified potential candidates and retain current staff, the crisis demands an immediate and effective response to ensure that law enforcement agencies can maintain staffing levels sufficient to support their communities’ public safety needs. Addressing these issues may necessitate the reexamination of agencies’ foundational organizational structure and processes to more clearly and easily meet the needs and expectations of both law enforcement and the community. In response to this situation and recognizing that the way law enforcement professionals are recruited and retained has a major impact on violent crime reduction, overall public safety, and community trust—Attorney General Merrick Garland identified law enforcement recruitment and retention as a U.S. Department of Justice priority and directed the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) to hold a convening. On April 18, 2023, a group of more than 30 law enforcement and community leaders from across the country met in Washington, D.C., to discuss existing best practices and emerging and transformative solutions designed to address current staffing challenges. In addition to command staff and other law enforcement leaders from key stakeholder associations, other new vocal and innovative leaders were in attendance to assist in designing a national solution. As Associate Attorney General Vanita Gupta noted in her opening remarks, the issues of recruitment and retention are among the most important faced by federal, state, local, tribal, and territorial law enforcement agencies across the nation, regardless of size or location. The agenda was driven by information obtained from the participants during brief interviews conducted before the event and designed to promote meaningful, actionable discussion. This publication represents the outcomes of the convening, focusing on both short-term strategies and long-term solutions identified by participants, who shared examples of streamlining and modernizing the hiring process, incorporating technology, updating requirements, and increasing accessibility; discussed marketing strategies designed to attract service-oriented candidates; examined existing and potentially new benefits and incentives, including a focus on employee wellness and mental well-being, to entice current employees to stay; and addressed the need for transparency and accountability throughout the hiring and employment process to promote public confidence. While there is no one-size-fits-all solution for the law enforcement recruitment and retention challenges, agencies are encouraged to consider adopting strategies contained herein as they pertain to their situations.                                                                                                                                                               

Washington DC:  Bureau of Justice Assistance and Office of Community Oriented Policing Services, 2023. 60p.

By Matteo Tiratelli

This paper assembles the largest set of British survey questions about criminal justice to date (1,190 question-year pairs) and uses it to measure crime concern, punitiveness, support for the death penalty, and the prioritization of crime as a social issue from the 1960s to today. Results lend some support to existing narratives of public opinion, showing that concern and prioritization grew steadily through the 1970s before declining from the mid-2000s, and that support for the death penalty has been falling since at least the 1960s. But they contradict orthodox accounts of the 1980s as a period of rising punitiveness, showing instead that support for tougher policing and sentencing was highly volatile and subject to significant demographic variation until the late 1990s. I also show that crime concern is particularly responsive to the true rate of crime and propose a model for the interaction between these different strands of public opinion.  

The British Journal of Criminology, azae058, https://doi.org/10.1093/bjc/azae058, Published: 13 August 2024

By Phoebe Donnelly, Dyan Mazurana, and Evyn Papworth

Peacekeeping missions. In reality, however, many women (and some men) deployed as military or police peacekeepers are subjected to sexual abuse by other members of the organizations they serve. Until now, there has been little research specifically focused on this sexual abuse by uniformed peacekeepers against their peacekeeping colleagues. This paper helps fill that gap, drawing on a survey of peacekeepers as well as data from interviews and a closed-door workshop. T his research reveals that sexual abuse is a major threat to uniformed peacekeepers, especially women. Among all survey participants, approximately one in ten said they experienced sexual abuse while serving in a peacekeeping mission, while a similar proportion witnessed sexual abuse against another peacekeeper. The proportion was significantly higher for women (28 percent experienced and 26 percent witnessed) than for men (2 percent experienced and 4 percent witnessed). A large share of the incidents of abuse were perpetrated by higher-ranking men within the mission. The main factor enabling this abuse was the internal organizational cultures of the police and military forces of troop- and police-contributing countries (T/PCCs). Despite the prevalence of sexual abuse within peacekeeping missions, the UN and T/PCCs have not put in place adequate policies to effectively respond to the issue. This lack of attention is in contrast to the relatively robust architecture for reporting on and investigating sexual exploitation and abuse of host communities. Policies and attention to the sexual abuse of peacekeepers and sexual exploitation and abuse of host communities have been artificially separated, but these forms of abuse are fueled by similar dynamics of militarism and inequality. The responsibility for addressing sexual abuse within peacekeeping operations lies both with T/PCCs and with the UN, which should require the highest standards for behavior within peacekeeping missions. Existing systems for addressing sexual exploitation and abuse of host communities are generally not designed for or used to address sexual abuse of peacekeepers. As a result, peacekeepers have little confidence in mechanisms for reporting sexual abuse that they experience or witness against their colleagues. Moreover, when incidents are reported, the prevailing sentiment is that perpetrators are not held accountable due to a culture of impunity within peacekeeping missions. Because current systems are insufficient and ineffective, women peacekeepers often have to protect themselves and respond to sexual abuse on their own. If the UN and T/PCCs do not prevent and respond to sexual abuse and dismantle the patriarchal cultures that enable it, their initiatives to increase women’s meaningful participation in peacekeeping operations will fail. The UN needs to take the sexual abuse of peacekeepers as seriously as it takes peacekeepers’ sexual exploitation and abuse of host communities, especially considering the interconnected systemic causes of both types of abuse. Toward this end, the UN and T/PCCs could consider the following recommendations: 1. Transform the organizational cultures that enable sexual abuse of peacekeepers: Because they have a particularly important role to play in changing the organizational culture, mission leaders should be evaluated, in part, based on whether they create and maintain a diverse, tolerant, inclusive, safe, secure, and respectful workplace. 2. Mandate robust training to prevent sexual abuse of peacekeepers: The UN should ensure that all peacekeepers receive thorough training specifically focused on all forms of sexual abuse within militarized organizations. 3. Require T/PCCs to address sexual abuse of peacekeepers within their contingents: Among other steps, the UN should update memoranda of understanding with T/PCCs to include explicit language on preventing and addressing the sexual abuse of peacekeepers. 4. Create a robust, confidential, and victim-centric reporting and investigation infrastructure: The UN should build the capacity of existing mechanisms for addressing sexual abuse of host communities to also address sexual abuse of peacekeepers. This system must be outside of the peacekeeping mission and T/PCCs’ chain of command.

New York: International Peace Institute 2022. 34p.

By Insa Lee Koch

Liberal democracy appears in crisis. From the rise of ‘law and order’ and ever tougher forms of means-testing under ‘austerity politics’ to the outcome of Britain’s referendum on leaving the EU, commentators have argued over why democracy has taken an illiberal turn. This book shifts the focus from the ‘why’ to the ‘how’ and the ‘what’: to how citizens experience government in the first place and what democracy means to them. Based on long-term ethnographic fieldwork, it takes these questions to Britain's socially abandoned council estates, once built by local authorities to house the working classes. From the perspective of these citizens, punitive shifts in welfare, housing, and policing are part of a much longer history of classed state control that has acted on their homes and neighborhoods. But this is only half of the story. Citizens also pursue their understandings of grassroots politics and care that at times align with, but at others diverge from official policies. The anthropology of state-citizen relations challenges narratives of exceptionalism that have portrayed the people as a threat to the democratic order. It also reveals the murky, sometimes contradictory desires for a personalized state that cannot easily be collapsed with popular support for authoritarian interventions. Above all, this book exposes the liberal state’s disavowal of its political and moral responsibilities at a time when mechanisms for voicing working-class citizens’ demands have been silenced.

Oxford, UK; New York: Oxford University Press, 2018. 289p.

By Michael Johnson, Jr.

The use of criminal legal fines and fees to fill state and local budgetary gaps has deep roots in a history of anti-Black racism. That history is evident in Washington, DC where the regressive nature of these financial obligations and the high costs of incarceration criminalize, extract wealth, and create collateral consequences that disproportionately impact Black and low-income communities. This report details the harms of fines and fees in DC’s criminal legal system, particularly for those unable to pay, and the perverse incentives created by using fines and fees to fund core government services. The authors use interviews with four formerly incarcerated DC residents to highlight the need for systemic reforms and provide recommendations to mitigate these harms in DC.

Key Findings:

• In federal BOP facilities, people who do not make payments towards their fines lose privileges such as access to commissary spending, denial of higher pay opportunities for work assignments, and denial of drug treatment and community-based programs.

• D.C residents can be incarcerated for up to a year for unpaid court financial obligations.

• The DOC and BOP require anyone with outstanding financial obligations to pay their debt in full as a condition of release, and failure to do so can result in re-incarceration.

• Revenue from Mayor Bowser’s addition of 342 traffic cameras in 2023 is expected to double between fiscal years 2024 and 2025.

• Criminal fines range from $100 for minor offenses to $125,000 for offenses punishable by 30 years or more.

• Workers in local DOC facilities earn up to $.50 per hour; a 15-minute phone call is more than double the hourly earnings for someone incarcerated in local DOC facilities.

• DOC charges a 9 percent surcharge on all commissary goods — on average, generating over $2 million annually between 2018 and 2023. 

• The work release program in DC requires incarcerated workers to pay fees on their wages, effectively functioning as a 20 percent income tax.

Recommendations:

• Improve transparency by investing in data systems that can collect, coordinate, and report on criminal fines and fees.

• Eliminate incarceration and supervision-related fees.

• Provide economic support for those with criminal legal involvement and their families.

Washington, DC: The DC Fiscal Policy Institute, 2024. 33p.

By Wilmington City Council

Lower-income residents in Wilmington face financial hardship as the costs and fees from the city rise. In 2022, the Wilmington City Council created the Fines and Fees Task Force to review fees, fines, and administrative sanctions imposed by all departments and recommend reforms for fairness. The task force found that generating revenue from fees and fines is inefficient and that the city’s financial department expenses, which process tickets, have increased by nearly $7 million over the past 20 years. Additionally, water bill fees have risen significantly, with Wilmington residents covering costs for a neighboring county and the city increasingly using the Water/Sewer Fund to pay for general expenses. With 1 in 4 Wilmington households earning less than $25,000 annually, the city’s reliance on fines and fees disproportionately impacts those least able to pay. The task force recommends revising the city budget to better align revenue sources with the ability to pay.

Key Findings:

• Most cities, like Wilmington, generate less than 1 percent of their general revenue from fines; in 2022, Wilmington generated 4.4 percent.

• Wilmington’s revenue from fines and forfeitures rose from 2.8 percent in 2004 to 4.4 percent in 2022.

• From 2018 to 2022, Wilmington issued over 450,000 parking and red light tickets.

• From 2018 to 2022, Wilmington issued about $42 million in parking and red-light tickets; nearly 25 percent went uncollected, 50 percent was paid to Conduent for managing the red-light program, and 20 percent went to the parking division.

• Conduent receives a 30 percent commission on all revenue from booting.

• In 2022, the city’s Water/Sewer Fund spending on other departments increased by 43 percent, paying $7.5 million in city expenses. 

• Almost 30 percent of residential water/sewer customers are delinquent on their water bills.

Recommendations:

• Stop harmful collection practices such as ending the practice of towing and booting cars for delinquent payments and adding penalties to people who can’t pay because of limited income. 

• Revise vendor contracts to reduce harm and reduce costs.

• Adjust fees to cover only the costs of providing the service.

Wilmington DE: Wilmington City Council, 2024. 19p.

By  Aravind Boddupalli, Susan Nembhard, Michael Karpman, and Sarah Morriss

Fines and fees can impose heavy burdens on those who come into contact with the criminal legal system. Using nationally representative data from the Urban Institute’s 2023 Well-Being and Basic Needs Survey, we examined the prevalence of fines and fees among nonelderly adults’ households, including the types of violations resulting in fines and fees, the populations impacted, and the consequences of these costs. About one in six adults incurred fines and fees in 2023, largely from traffic or parking tickets. Court or incarceration-related fines and fees disproportionately affected people of color and those with low incomes. Compared with adults who only incurred costs from traffic or parking tickets, those with court or incarceration-related fines and fees faced higher amounts charged, greater financial strain to make payments, and a higher likelihood of adverse consequences for being unable to pay, such as driver’s license suspensions, additional fees, or time in jail. They also faced higher rates of food insecurity and other material hardships. Our findings contribute to the growing evidence base on the impacts of fines and fees on family well-being.\

Washington, DC: Tax Policy Center, 2024. 23p.