Search Results (4)

In criminal courts across the country, judges assess a variety of fines, fees and other legal financial obligations (LFOs) that many defendants struggle to pay. This paper examines the disproportionate burden that fine and fee assessment and collection practices impose on low-income, system-involved individuals, using administrative court data for criminal cases filed in Washington’s courts of limited jurisdiction between 2015 and 2020. The authors find that the majority of defendants do not or only partially pay their LFOs, but that these observations are more pronounced for indigent defendants. The authors also find that, of defendants who fully pay off their fines and fees, individuals with a public defender satisfy their debt after a greater number of days, as compared to individuals with private counsel. This is all in spite of public defender defendants generally being assessed smaller amounts in fines and fees at the outset. Additionally, the authors uncover that when defendants do pay off all of their fines and fees, they tend to do so on the day of assessment, with the likelihood of satisfying full payment generally decreasing as time goes on. These findings suggest that many people struggle with criminal justice debt, but that this problem disproportionately impacts indigent Washingtonians, subjecting them to a greater possibility of harm through the various methods of collections enforcement. Full article

This study identifies the correlates of legal financial obligation (LFO) debt repayment among persons sentenced to probation and transferred to a specialized collections unit. Using bivariate tests and logistic regression, results indicate that starting balance amounts, monthly payment amounts, and enforcement actions (capias warrant) are the strongest influences on the likelihood of full debt repayment. These results indicate that some persons will struggle to repay their LFO balances if amounts assessed are in excess of their means, even in an institutional context adopting an individualized, flexible, and non-punitive approach to collections. Policy implications suggest a need for reform at the point of LFO assessment to avoid imposing obligations that are unreasonable to individuals’ ability to repay. Full article

The criminal justice system routinely imposes financial sanctions on probation clients. These fines, fees, and restitution debts often amount to more than what many clients can reasonably afford to pay. Until recently, Massachusetts courts have incarcerated clients solely for their inability to pay these debts in a practice known as “fine time”. In 2018, the state passed a landmark criminal justice reform bill that restricted the types of cases in which fine time can be ordered. Clients that can establish that payment would lead to financial hardship can now petition the court for a financial waiver accompanied by community service. The current study seeks to explore the implications of the recent reform efforts on probation services by analyzing surveys gathered from a sample of 121 Massachusetts probation officers in 2020. Descriptive findings of officers’ attitudes toward fines and fees, responses to nonpayment by clients, and the use of financial waivers are presented. Officers’ perceptions and practices align with the recent reform efforts, suggesting support among probation personnel for policies that limit punitive responses to nonpayment of legal debts by their supervisees. Possible directions for future research and policy development are discussed. Full article

Centred on the slavery trial “Crown vs. Rungnapha Kanbut” heard in Sydney, New South Wales, between 10 April and 15 May 2019, this article seeks to frame the figure of the “Mother Tac” or the “mother of contract”, also called “mama tac” or “mae tac”—a term used amongst Thai migrants to describe a woman who hosts, collects debts from, and organises work for Thai migrant sex workers in their destination country. It proposes that this largely unexplored figure has come to assume a disproportionate role in the “modern slavery” approach to human trafficking, with its emphasis on absolute victims and individual offenders. The harms suffered by Kanbut’s victims are put into context by referring to existing literature on women accused of trafficking; interviews with Thai migrant sex workers, including Kanbut’s primary victim, and with members from the Australian Federal Police Human Trafficking Unit; and ethnographic field notes. The article unveils how constructions of both victim and offender, as well as definitions of slavery, are racialised, gendered, and sexualised and rely on the victims’ subjective accounts of bounded exploitation. By documenting these and other limitations involved in a criminal justice approach, the authors reveal its shortfalls. For instance, while harsh sentences are meant as a deterrence to others, the complex and structural roots of migrant labour exploitation remain unaffected. This research finds that improved legal migration pathways, the decriminalisation of the sex industry, and improved access to information and support for migrant sex workers are key to reducing heavier forms of labour exploitation, including human trafficking, in the Australian sex industry. Full article