Proliferation of Punishment: The Centrality of Legal Fines and Fees in the Landscape of Contemporary Penology.

Decades of significant crime declines and recent reductions in the number of people confined in prisons and jails in the United States have been accompanied by the emergence of new, and the resurgence of old, forms of punishment. One of these resurgent forms is the assessment of fines, fees, and costs to those who encounter the criminal legal system. Legal financial obligations (LFOs) have become widespread across the United States and are levied for offenses from alleged traffic violations in some states to felony convictions in others. Their emergence has been heralded by some as a less punitive alternative to spending time in prison or jail but recognized by others as uniquely consequential for people without the means to pay. Drawing on data from 254 counties in Texas, this article explores the emergence and enforcement of LFOs in Texas, where LFOs play a particularly prominent role in sanctions for alleged misdemeanor offenses and serve as an important source of revenue. Enforcement of LFOs varies geographically and is related to conservative politics and racial threat. We argue that LFOs are a defining feature of a contemporary punishment regime where racial injustice is fueled by economic inequality.

Employment and Health Among Recently Incarcerated Men Before and After the Affordable Care Act (2009-2017).

Objectives. To explore whether and how the Affordable Care Act (ACA) affects the relationship between employment and health insurance coverage, health care utilization, and health outcomes among recently incarcerated men aged 18 to 64 years in the United States.Methods. With data from the National Survey on Drug Use and Health (NSDUH), we used a difference-in-differences approach to compare changes in outcomes by employment status among recently incarcerated men.Results. Uninsurance declined significantly among recently incarcerated men after ACA implementation. As the uninsured rate of unemployed men fell below that of their employed counterparts, the ACA helped to fully eliminate the effect of employment on insurance coverage among recently incarcerated men. The employment gap in diabetes widened after ACA implementation as unemployed men saw significant increases in diagnosed diabetes. Employment disparities in hospital visits, diagnosed hypertension, and reported mental illness also declined in the period following ACA implementation, but these changes were not statistically significant.Conclusions. These findings highlight how the ACA, by providing a new route to health care, reduces the confounding forces associated with employment that are linked to both incarceration and health.

Making Sense of Misdemeanors: Fine Only Offenses in Convivial Court Rooms.

This paper investigates how the complexity of and everyday interactions within the criminal legal system sow confusion about the causes and consequences of low-level misdemeanor, or fine only, legal entanglements. Drawing on data from 62 interviews with people assessed legal debt and 240 hours of ethnographic observation in courtrooms, we describe inconsistencies between the design of the criminal legal system and the organization of defendants' lives that undermine the ability of defendants to satisfactorily or summarily resolve their legal cases. We also consider how interpersonal interactions within courts undermine the power of defendants to challenge legal authority, court norms, and established criminal legal processes. These findings illustrate a mismatch between expectations about and experiences with misdemeanor charges that place undue burden on disadvantaged defendants and highlight the scale and impact of fine only misdemeanors as a central inequality generating feature of the contemporary criminal legal system.

Incomparable Punishments: How Economic Inequality Contributes to the Disparate Impact of Legal Fines and Fees.

Low-level misdemeanor and traffic violations draw tens of millions of people into local courts to pay fines and fees each year, generating billions of dollars in revenue. We examine how standardized legal fines and fees for low-level charges induce disparate treatment and result in disparate impact. Using a mixed-methods approach that incorporates administrative court records as well as interviews with criminal defendants from Texas, we find that although the majority of defendants readily pay for and conclude their case, African American, Latinx, and economically disadvantaged defendants spend disproportionate amounts of money and time resolving theirs. Analysis of criminal case records illustrates the disparate impact of monetary sanctions through the accrual of debt and time spent resolving a charge. Interviews reveal irreconcilable tensions between American ideals of equality in sentencing and the meaning and value of money and time in an increasingly unequal society.

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

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.

Mass Incarceration and Racial Inequality.

Despite two decades of declining crime rates, the United States continues to incarcerate a historically and comparatively large segment of the population. Moreover, incarceration and other forms of criminal justice contact ranging from police stops to community supervision are disproportionately concentrated among African American and Latino men. Mass incarceration, and other ways in which the criminal justice system infiltrates the lives of families, has critical implications for inequality. Differential rates of incarceration damage the social and emotional development of children whose parents are in custody or under community supervision. The removal through incarceration of a large segment of earners reinforces existing income and wealth disparities. Patterns of incarceration and felony convictions have devastating effects on the level of voting, political engagement, and overall trust in the legal system within communities. Incarceration also has damaging effects on the health of families and communities. In short, the costs of mass incarceration are not simply collateral consequences for individuals but are borne collectively, most notably by African Americans living in acutely disadvantaged communities that experience high levels of policing and surveillance. In this article, we review racial and ethnic differences in exposure to the criminal justice system and its collective consequences.

Cardiovascular Disease in Incarcerated Populations.

Currently, 2.2 million individuals are incarcerated, and more than 11 million have been released from U.S. correctional facilities. Individuals with a history of incarceration are more likely to be of racial and ethnic minority populations, poor, and have higher rates of cardiovascular risk factors, especially smoking and hypertension. Cardiovascular disease is a leading cause of death among incarcerated individuals, and those recently released have a higher risk of being hospitalized and dying of cardiovascular disease compared with the general population, even after accounting for differences in racial identity and socioeconomic status. In this review, the authors: 1) present information on the cardiovascular health of justice-involved populations, and unique prevention and care conditions in correctional facilities; 2) identify knowledge gaps; and 3) propose promising areas for research to improve the cardiovascular health of this population. An Executive Summary of a National Heart, Lung, and Blood Institute workshop on this topic is available.

Employment gains and wage declines: the erosion of black women's relative wages since 1980.

Public policy initiatives in the 1950s and 1960s, including Affirmative Action and Equal Employment Opportunity law, helped mitigate explicit discrimination in pay, and the expansion of higher education and training programs have advanced the employment fortunes of many American women. By the early 1980s, some scholars proclaimed near equity in pay between black and white women, particularly among young and highly skilled workers. More recent policy initiatives and labor market conditions have been arguably less progressive for black women's employment and earnings: through the 1980s, 1990s, and the first half of the 2000s, the wage gap between black and white women widened considerably. Using data from the Current Population Survey Merged Outgoing Rotation Group (CPS-MORG), this article documents the racial wage gap among women in the United States from 1979 to 2005. We investigate how demographic and labor market conditions influence employment and wage inequality among black and white women over the period. Although shifts in labor supply influence the magnitude of the black-white wage gap among women, structural disadvantages faced by black women help explain the growth in the racial wage gap.