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Search Results for court debt
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Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 92–97.
Published: 01 February 2022
...Brandon L. Garrett Abstract The scale of criminal debt in the United States has exploded, with local, state and federal court imposing billions in fines and fees on people in criminal cases. If the person lacks the ability to pay or does not pay the fines, still additional financial penalties can...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 173–174.
Published: 01 February 2022
... vulnerable to incurring legal debt that they might never be able to address. To test this hypothesis, we used administrative data from the courts of limited jurisdiction1 in Washington to evaluate whether an individual s indigence has a signi cant impact on their LFO assessment and payment outcomes.2...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 128–138.
Published: 01 February 2022
...Andrea Bopp Stark; Geoff Walsh Abstract This article examines the provisions of the U.S. Bankruptcy Code that except fines and penalties from the broad discharge of debts that individuals receive upon completion of a bankruptcy case. In its 1986 decision in Kelly v. Robinson the Supreme Court...
View articletitled, Sentenced to a Life of <span class="search-highlight">Debt</span>: It Is Time for a Reassessment of How Bankruptcy Law Intersects with Fines and Fees to Keep People in <span class="search-highlight">Debt</span>
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for article titled, Sentenced to a Life of <span class="search-highlight">Debt</span>: It Is Time for a Reassessment of How Bankruptcy Law Intersects with Fines and Fees to Keep People in <span class="search-highlight">Debt</span>
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 166–172.
Published: 01 February 2022
... financial means. This study uses fine, cost, and restitution imposition and collection data from the Administrative Office of the Pennsylvania Courts (AOPC) that spans a ten year period to examine whether there are differences in assessment and outstanding debt balances between defendants with private...
Journal Article
Federal Sentencing Reporter (2011) 24 (1): 62–65.
Published: 01 October 2011
.... In collaboration with judges in the Roxbury Division of the Boston Municipal Court in Suffolk County, Massachusetts, the Clapham Set offered young men with felony convictions the opportunity to earn credit toward their criminal justice debt by participating in counseling, substance abuse treatment, and workforce...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 98–106.
Published: 01 February 2022
... remained outstanding, and U.S. Attorneys of ces nationwide identi ed $100 billion of that debt as uncollectible due to the indigence of those ordered to pay it.6 Federal restitution statutes do not permit courts to take into account a person s ability to pay when calculating the restitution award,7 so...
Journal Article
Federal Sentencing Reporter (2022) 34 (5): 290–294.
Published: 01 June 2022
... demonstrates the futility of continuing our current supervisory debt practices. Permitting courts to determine a financial assessment of a defendant’s ability to pay, allowing partial debt waiver, and creating an income-based fines and fees system would help ameliorate some of the crushing debt obligations...
Journal Article
Fines, Fees, and Fundamental Rights: How the Fifty States Measure Up, Seven Years After Ferguson
Free
Federal Sentencing Reporter (2022) 34 (2-3): 107–112.
Published: 01 February 2022
... are struggling with poverty, and we know that they collectively owe something far in excess of $27 billion in nes and fees debt.13 However, our understanding of how the courts in individual states actually treat nes and fees litigants is uneven, and often highly anecdotal. II. Measuring State Performance...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 193–195.
Published: 01 February 2022
... money. Us women, we can t do that. Caregiving responsibilities make it dif cult for formerly incarcerated women to nd work that accommodates their schedules and that pays a living wage. Fines and fees, along with courts collection practices, can also create barriers to employment.9 C. Debt Resulting...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 175–185.
Published: 01 February 2022
... criminal records, and put into debt because of increased enforcement149 and larger government reliance on LFOs.150 If lawmakers want to create a criminal legal system that holds people accountable, they should amend statutes that give courts the authority to focus LFO assessment only on nes or penalties...
View articletitled, Legal Financial Obligations (LFOs) as Taxes, Regulatory Fees, or User Charges? An Analysis of Washington’s Criminal Legal System LFO Revenue
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for article titled, Legal Financial Obligations (LFOs) as Taxes, Regulatory Fees, or User Charges? An Analysis of Washington’s Criminal Legal System LFO Revenue
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 188–192.
Published: 01 February 2022
..., 1,238 males were interviewed at baseline. The present analysis uses data from all respondents who recorded at least three interviews (N ¼ 740). In Table 2, I report the effects of owing debt related to nes, supervision fees, and court fees on both self-report and of cial reoffending measures.26 Forty...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 155–165.
Published: 01 February 2022
... Collections processes in Sweden share some similarities with those in Norway. If an individual who has been sanctioned with a day ne is unable to pay, it is possible for the prosecutor to entertain, and the court to grant, a request for a deferment or modi cation to the debt. Collections are managed by civil...
Journal Article
Federal Sentencing Reporter (2018) 31 (1): 48–51.
Published: 01 October 2018
... the debt, even if he saved as much money as he could.20 However, it was dif cult to argue his case in court without a lawyer. If he had been able to afford a lawyer, he would rather have paid the ne in the rst place. He saw no possibility of receiving free legal aid under the Legal Aid Act. Thus, D...
View articletitled, Alternative Sentence of Imprisonment for Unpaid Fines: Are the Rules Compatible with the Aims of the Norwegian Criminal Justice System?
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for article titled, Alternative Sentence of Imprisonment for Unpaid Fines: Are the Rules Compatible with the Aims of the Norwegian Criminal Justice System?
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 113–118.
Published: 01 February 2022
...., to the sheriff, to the court, to witnesses). For those who could not pay the criminal justice debt (i.e., most of the Black people who were convicted), their sentence of hard labor was extended to pay those fees. As Blackmon noted, in some ways this system was even worse than slavery. Under slavery, owners had...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 186–187.
Published: 01 February 2022
...Kathleen Powell Abstract This policy brief outlines findings and policy implications from a study of the correlates of legal financial obligation (LFO) debt repayment, an increasingly important area of study for two key reasons. First, the proliferation of LFO assessments can generate substantial...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 145–146.
Published: 01 February 2022
...Matheson Sanchez; Shytierra Gaston Abstract Until recently, Massachusetts incarcerated criminal justice system clients solely for nonpayment of court-imposed fines and fees. This practice disproportionately penalized disadvantaged clients, further exacerbating their legal involvement. Massachusetts...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 198–199.
Published: 01 February 2022
...Michael Fischer Abstract America’s legacy of racism and inequity has created a criminal legal system that privileges money over innocence. A protracted encounter with the courts has the potential to bankrupt entire families, keeping them and even their descendants in a cycle of disadvantage...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 203–205.
Published: 01 February 2022
... because data on legal financial obligations often do not detail the various types, amounts, and frequencies of payments toward LFO debt. In this paper, we tap the 1995 Survey of Adults on Probation (SAP) to study the impacts of debt burden (e.g., the amount, frequency, and type of LFO) on probationers...
Journal Article
Federal Sentencing Reporter (2022) 34 (2-3): 119–127.
Published: 01 February 2022
... appearance so that if the individual is found guilty, the bail money may be used to pay off debt owed to the court. This practice is called bond conversion. Although bond conversion is typically legal, it runs counter to the general understanding that bonds are intended to ensure that an individual appears...
Journal Article
Federal Sentencing Reporter (2007) 19 (4): 267–274.
Published: 01 April 2007
... States, there would be about 18,000 offenders incarcerated at the Department of Corrections (DOC). Using DOC s cost per day including operating cost and debt service housing an additional 5,000 inmates would cost the state more than $280 million per biennium. If Oregon s incarceration rate was the same...
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