Justice by Geography: The Role of Monetary Sanctions Across Communities

Abstract

Researchers have established that monetary sanctions are a ubiquitous and growing aspect of court systems across the United States (Harris 2016;Martin et al. 2018;Shannon, Huebner Justice by Geography: The Role of Monetary Sanctions Across Communities ga Briel a kirk , k r istina j. tHomPson, BetH m. HueBner , cHr istoPHer uggen , a nd sa r a H k.s. sH a n non Monetary sanctions are a ubiquitous part of court systems. Previous studies have focused largely on these sanctions at the state level or solely on large urban jurisdictions. However, court systems differ considerably across communities of varying population size, composition, and density. This article examines how differences in court structure and organizational dynamics in communities across the rural-urban continuum lead to differences in how court actors consider the role of monetary sanctions. Using interviews with court actors and ethnographic observations in communities across four states, we find that the practical and symbolic nature of monetary sanctions varied by the acquaintanceship density of the court and community. These interpersonal dynamics influenced courtroom considerations, monetary sanctions' relationship to local finances, and actors' positioning toward state-level policy. These findings emphasize the importance of court and community context and structure in assessing the law-in-action both when conducting research and designing reform.

Legal financial obligations in the United States: A review of recent research

“…Second, Kirk et al. (2022) were unable to reflect on suburban trends due to a lack of discernible variation in their data. Studies of LFOs in suburban courts remain limited despite research emphasizing the shifting role of penal institutions in the suburbs (Beck, 2019; Simes, 2021) as well as their growing levels of poverty and unique place in America's political economy (Murphy, 2007; Murphy & Wallace, 2010).…”

“…For example, Kirk et al. (2022), in their work on acquaintanceship density, demonstrate the importance of centering place in their analysis of urban and rural LFO administration. However, more work is needed in this space.…”

“…Moreover, there is a lack of coordinated informa tion flow between the municipalities, leading people to not know what they owe where. Elsewhere, Kirk et al (2022) emphasize the importance of place in evaluating LFO law in action. Their research finds that court dynamics and interpersonal relationships differ in rural and urban places depending on factors like the fiscal constraints of the local government or "acquaintanceship density," understood as the closeness and familiarity of people in any given community.…”

“…2022) term as research on the "system of monetary sanctions" that connects more than "one component of LFOs, be it law, policy, practice, or people" (p. 2). Future research on LFOs can build on work like Kirk et al (2022) and Pacewicz and Robinson (2021) to explore if and how structures like the political economy and the intersection of federal-state-municipal penal codes shift local courtroom procedures. Such work may analyze the decision-making of court actors within the context of the political institutions and actors that shape their work-e.g., the court's relationship to budgetary constraints or incentives.…”

“…Studies provide evidence to support Harris's (2016) concept of a "punishment continuum," the local variation of monetary sanctions implementation. For example, Kirk et al (2022), in their work on acquaintanceship density, demonstrate the importance of centering place in their analysis of urban and rural LFO administration. However, more work is needed in this space.…”