Monetary Sanctions and Housing Instability

Pattillo, Mary; Banks, Erica; Sargent, Brian; Boches, Daniel J.

doi:10.7758/rsf.2022.8.2.03

Cited by 12 publications

(7 citation statements)

References 27 publications

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“…Although court actors recognize that monetary sanctions may not result in a fair punishment depending on an individual's ability to pay, they feel little responsibility for ensuring that payment systems and procedures do not lead to additional punishment. However, as this article and others in this issue have established, both the amounts imposed and the collection processes that follow lead to the perpetuation of inequality in this system (see, for example, in this volume, Sykes et al 2022;Pattillo et al 2022;Bing, Pettit, and Slavinsky 2022).…”

Section: Discussionmentioning

confidence: 91%

Pay or Display: Monetary Sanctions and the Performance of Accountability and Procedural Integrity in New York and Illinois Courts

Martin

Spencer-Suarez²,

Kirk

2022

rsf

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K a r in D. M a rtin , K iMber ly Spencer-Sua r ez, a nD Ga br iel a K ir K This article proposes the centrality of procedural integrity-or fidelity to local norms of case processing-to the post-sentencing adjudication of monetary sanctions. We draw on insights gained from observations of more than 4,200 criminal cases in sixteen courts in New York and Illinois and find that procedural integrity becomes a focal point in the absence of monetary sanctions paid in full and on time. This examination of the interplay between the sociolegal context and workgroups within courtrooms brings to light how case processing pressure, mandatory monetary sanctions, defendants with pronounced financial insecurity, and judicial discretion inform the role monetary sanctions play in court operations.

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Section: Discussionmentioning

confidence: 91%

Pay or Display: Monetary Sanctions and the Performance of Accountability and Procedural Integrity in New York and Illinois Courts

Martin

Spencer-Suarez²,

Kirk

2022

rsf

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“…Legal financial obligations are also linked to financial instability (Mello, 2018) and can lead to wage garnishment, liens, and interceptions of tax refunds (Bannon et al., 2010; Pager et al., 2022) pushing people further into poverty and debt. Such debt can cause housing instability, and loss of education and employment (Cadigan & Kirk, 2020; Harris, 2016; Pattillo et al., 2022; Pattillo & Kirk, 2020). Harris and Smith (2022), leveraging national survey data on health and debt, show LFOs also may increase health stressors spilling into many domains of peoples' lives.…”

Section: Consequencesmentioning

confidence: 99%

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

LaScala‐Gruenewald

Paik

2023

Sociology Compass

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In the United States, legal financial obligations (LFOs) include many types of monetary sanctions. For example, fines are tied to specific offenses and imposed at conviction and fees charge people for the "use" of courts, prisons, and other public services. With the rise of mass incarceration, millions of people across the U.S. owe billions of dollars in LFOs. Yet despite the widespread use of monetary sanctions, it was not until the last decade that research began to uncover the vast system of LFOs embedded throughout U.S. laws and understand their far-reaching socioeconomic consequences. This paper reviews recent research on LFOs across three areas:(1) the political development of LFOs, (2) their implementation and enforcement, and (3) the consequences of LFOs on people, broader social networks, and the functioning of public institutions. We conclude with recommendations for future research that explores the hidden processes connecting these three areas and accounts for the fractured nature of the U.S. government.

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“…People unable to pay legal debt experience an abundance of legal, social, and financial consequences until they are able to pay in full (see also Huebner and Shannon 2022 , this volume, Harris and Smith 2022 , this volume, Pattillo et al 2022 , this volume, Sanchez et al 2022 , this volume, Boches et al 2022 , this volume; Sykes et al 2022 , this volume). Extended legal entanglements, including long-term supervision, was common for people we interviewed who were assessed monetary sanctions in addition to a prison or jail term.…”

Section: Lived Experiences With Monetary Sanctionsmentioning

confidence: 99%

What Is Wrong with Monetary Sanctions? Directions for Policy, Practice, and Research

Friedman

Harris

Huebner

et al. 2022

rsf

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Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their imposition affects inequality. Monetary sanctions are assessed for a wide range of contacts with the criminal legal system ranging from felony convictions to alleged traffic violations with important variability in law and practice across states. These differences allow for the identification of features of law, policy, and practice that differentially shape access to justice and equality before the law. Common practices undermine individuals’ rights and fuel inequality in the effects of unpaid monetary sanctions. These observations lead us to offer a number of specific recommendations to improve the administration of justice, mitigate some of the most harmful effects of monetary sanctions, and advance future research.

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Monetary Sanctions and Housing Instability

Cited by 12 publications

References 27 publications

Pay or Display: Monetary Sanctions and the Performance of Accountability and Procedural Integrity in New York and Illinois Courts

Pay or Display: Monetary Sanctions and the Performance of Accountability and Procedural Integrity in New York and Illinois Courts

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

What Is Wrong with Monetary Sanctions? Directions for Policy, Practice, and Research

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