Being poor in the United States generally involves having a portion of your limited funds slowly siphoned away through a multitude of surcharges and processing fees. It’s expensive to be without money; it means you’ve got to pay for every medical visit, pay to cash your checks, and frankly, pay to pay your overwhelming debts. It means that a good chunk of your wages will end up in the hands of the payday lender and the landlord. …
One of the most insidious fine regimes comes from the government itself in the form of fines in criminal court, where monetary penalties are frequently used as punishment for common misdemeanors and ordinance violations. Courts have been criticized for increasingly imposing fines indiscriminately, in ways that turn judges into debt collectors and jails into debtors’ prisons. The Department of Justice found that fines and fees in certain courts were exacted in such a way as to force “individuals to confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape.” A new report from PolicyLink confirms that “Wide swaths of low-income communities’ resources are being stripped away due to their inability to overcome the daunting financial burdens placed on them by state and local governments.” There are countless stories of people being threatened with jail time for failing to pay fines for “offenses” like un-mowed lawns or cracked driveways.
Critics have targeted these fines because of the consequences they are having on poor communities. But it’s also important to note something further. The imposition of flat-rate fines and fees does not just have deleterious social consequences, but also fundamentally undermines the legitimacy of the criminal legal system. It cannot be justified — even in theory.
Fines and Fees Are Inherently Unjust