Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States

“…have noted that people with a criminal conviction are at high risk of reoffending and that rearrest and reincarceration reproduce poverty (Hagan and Dinovitzer 1999; Austin 2001; Hagan and Coleman 2001; Travis and Petersilia 2001; Roberts 2004; Council of State Governments 2005; Travis…”

“And in her ethnographic study of a poor Philadelphia neighborhood, Goffman (2009) recounts several incidents of reincarceration (for up to a year) for failure to pay LFOs among the roughly 15 young men included in her study (see also New York Times 2009; Schwartz 2009).”

“Surveilling institutions highlighted in existing qualitative literature include hospitals, banks, schools, employment, and public assistance (Garland 2001; Gilliom 2001; Goffman 2009; Gustafson 2011; Harris et al. 2010, 2011; O’Brien 2008; Soss et al. 2011).”

“Scholars are becoming increasingly aware of the stratifying impact of incarceration and penal sanctions on a range of social and economic inequalities (Harris et al. 2010, Wakefield & Uggen 2010).”

“As a result, increasing numbers of individuals have outstanding legal financial obligations (Harris et al., 2010).”

“Methodologies for assessing creditworthiness become guides to behavior for those seeking credit, from rating systems for small businesses (Carruthers & Kim 2011) to the ratings for bond issued offered by Moody’s, Standard and Poor’s, and Fitch (Rona-Tas & Hiss 2010).”

“…including laws and rules disqualifying some offenders from receiving public benefits, holding certain jobs, voting or holding political office, and monetary penalties and fees levied on offenders under community supervision (Alexander 2010, Harris et al 2010, Mauer & Chesney-Lind 2002).”

“Although having a parent in prison is currently conceptualized as an ACE, it also increases ACE exposure for youth by reducing the ability of Black families to establish stability and independence, financially support children, and attain social mobility (Harris et al. 2010; Sykes and Pettit 2014).”

“In response to dramatic increases in imprisonment, a burgeoning literature considers the consequences of incarceration for the economic well-being (Harris, Evans, and Beckett 2010; Pager 2003; Pettit and Western 2004; Western 2002, 2006), family life (Apel et al. 2010; Lopoo and Western 2005;…”

“The causes of this economic marginalization can be multifaceted, including human capital deficits resulting from being incarcerated (eg, work experience and skill deficits), financial hardship caused by monetary sanctions (ie, court costs, fees, and fines), and laws that restrict economic opportunities for persons con…”

“Indeed, state-level analyses of monetary-sanction statutes show that the majority of felony defendants have had legal debt imposed at sentencing (Harris 2016, Harris et al. 2010).”

“Furthermore, the families of prisoners often hold the burden of debt for their incarcerated loved one (Harris et al., 2010).”

“…shootings of unarmed African Americans, disproportionate use of fines and warrants, and controversial policies like “stop-and-frisk,” have exacerbated the troubled relationship between poor African Americans and law enforcement (Collins 2007; Harris, Evans, and Beckett 2010; Stuart 2011).”

“…incarcerated fatherhood is distinct from the other criminal justice debt that has received somuch scholarly attention: it exerts an even stronger financial influence and exacts its economic toll while breeding new forms of paternal confinement (Harris, Evans, and Beckett 2010; Martin et al. 2018).”

“State and local governments are increasingly attempting to recoup criminal justice expenditures by imposing a number of new fees and fines on those passing through juvenile, municipal, state, and federal courts (Harris et al. 2010).”

“budgets (Harris et al. 2010).”

“stigma, monetary sanctions, punishment Across the United States, financial penalties are now a common, although largely discretionary, supplement to confinement sentences in misdemeanor and felony cases (Harris, Evans, and Beckett 2010).”

“Debt plays a key role in the reproduction of social inequalities (Conley 1999, 2001; Harris, Evans, and Beckett 2010; Keister 2000a, 2004; Oliver and Shapiro 1995; Shapiro 2004).”

“This means that incarcerated men,while simultaneously accumulating legal debt ðHarris, Evans, and Beckett 2010Þ, have few opportunities to economically provide for their families ðsee, e.g., Western 2006Þ. Incarceration facilitates human capital deficits, social network disruptions, and…”

“89 Harris, Evans, and Beckett 2010, 1759.”

“One aspect of recent criticism of police departments has been centered on the aggressive imposition and collection of fees, fines, and civilly forfeited assets (Harris, Evans, and Beckett 2010).”

“This trend, combined with the rise in the number of people who are convicted each year, means that millions of mainly poor people now carry criminal justice–related debt (Harris et al. 2010).”

“Incarceration rates are also inflated by the increased use since the 1980s of incarceration for minor and non-violent infractions such as missing a parole meeting or a payment on legal debt [14–16].”

“The literature on monetary sanctions to date paints quite another picture, however: namely, that of defendants who are barely making ends meet and who often prioritize rent, food, childcare, and health over paying the court that prosecuted them or the jail that imprisoned them (Harris et al. 2010; Harris 2016).”

“…of their incarceration and that this legal debt has important implications, especially for women who are married to formerly-incarcerated men (Harris et al. 2010).3 Being tied to an ever-incarcerated man need not be consequential solely for women’s SES, however, as a small but growing body…”

“…may also be assessed for time spent in jail and services rendered in jail (American Civil Liberties Union 2010; Bannon, Nagrecha, and Diller 2010; Harris et al. 2010).5 Fees increased in the 1990s and have increased further following the 2008–9 recession (Bannon, Nagrecha, and Diller 2010;…”

“These policy reports were accompanied by growing social science interest in and theorizing about the relationship between monetary sanctions and inequality (Harris, Evans, and Beckett 2010, 2011).”

“(Harris et al. 2010:1756) Harris et al. (2010) are not convincing the reader to rethink the nature of criminal justice involvement and instead illustrate another way in which the criminal justice does what it does—that is, disadvantage the already disadvantaged.”

“Harris et al. (2010) find that www.annualreviews.org • Legal Control of Marginal Groups 241 A nn u.”

“The DOJ investigation of Ferguson, along with studies in other states (Harris 2016, Harris et al. 2010, Martin et al. 2018), brought the monetary sanctions system to light; however, such revenuegenerating systems had been working silently in the background for decades.”

“Municipal decisions about revenue and policing have outsized consequences (Harris et al., 2010; US Department of Justice, 2015), and this article has answered the call to open the black box of municipal government to identify conditions that promote pocketbook policing.”

“Poverty, homelessness, untreated mental illness, and substance use disorders may all interfere with regular payment of court debt, and significant arrears in court payments have been found in quantitative and qualitative studies (Harris et al. 2010; Link 2019).”

“Such legal debts are often high as a proportion of income, are far more likely to be assessed on poor individuals, are not typically extinguished through bankruptcy, and can trigger an arrest warrant in the event of nonpayment (Harris et al. 2010).”

“…to the inevitably mounting legal fees they have acquired, including everything from court fees to child support to community supervision fees (Cammett 2006; Levingston and Turetsky 2007; Harris, Evans, and Beckett 2010; Wakefield and Uggen 2010; Cancian, Meyer, and Han 2011; Harding et al. 2014).”

“…may impair one’s ability to accumulate assets or wealth; they may facilitate future criminal involvement, perpetuating a cycle of inequality; and they may impair fathers’ abilities to pay child support (Harris, Evans, and Beckett 2010; Holzer, Raphael, and Stoll 2004; Piquero and Jennings 2017).”

“Similar to findings in other jurisdictions (Bannon et al., 2010; Birckhead, 2015; Harris, 2016; Harris et al., 2010), just because Iowa’s courts routinely levy hefty surcharges and court costs, does not mean that people are actually able to pay them.”

“…through which incarceration might reduce asset ownership, including reductions in employment and income (Western 2006), accrual of legal debt (Harris et al. 2010), involuntary loss of assets (Campbell et al. 2012), relationship dissolution (Western 2006), residence in financially underserved…”

“Harris, Evans, and Beckett (2010) report that nationally, in 1995, 84.2% of felony probationers were ordered to pay fines or fees.”

“Policies associated with mass incarceration and the use of fines and fees in the criminal justice system disproportionately affect Black households and impede wealth accumulation by lowering family incomes, imposing legal costs, and incurring debts (Harris et al., 2010; Sykes & Maroto, 2016).”

“Those with outstanding debt likely number in the tens of millions (A. Harris, Evans, and Beckett 2010), reflecting and exacerbating broader race and class disparities in policing, prosecution, and sentencing.”

“Thus, individuals with criminal justice debt are often forced to choose between paying their fine and fee obligations or paying rent/meeting other basic needs (Harris et al., 2010; Ruhland, 2019).”

“…who are stopped, frisked, arrested, fined, and surveilled (Harris 2016; Greenberg, Meredith and Morse 2016; Sewell, Jefferson, and Lee 2016; Stuart, Amenta, and Osborne 2015; Napatoff 2015; Brayne 2014; Kohler-Hausmann 2013; Beckett and Harris 2011; Rios 2011; Harris, Evans, and Beckett 2010).”

“Released inmates face substantial adversity, including difficulty securing employment (Pager, 2008), discrimination and stigma (Uggen & Manza, 2005), criminogenic and jobless neighborhoods (Clear, 2007), and hefty financial debt burdens (Harris et al., 2010; Roman & Link, 2015; Visher et al., 2004).”

“Contrary to the arguments of prior literature (Anderson, 2009; Bannon et al., 2010; Beckett & Harris, 2011; Harris et al., 2010; McLean & Thompson, 2007; Rosenthal & Weissman, 2007), monetary sanctions do not have a significant impact on the odds of a probation violation.”

“Imprisonment imposes a monetary burden on prisoners and their families (Braman 2004; Geller et al. 2011; Harris et al. 2010), and it may contribute to foster care caseloads (Swann and Sylvester 2006).”

“Unpaid monetary sanctions can prompt additional criminal legal sanctions, incur added financial penalties and surcharges, result in the extension or revocation of probation, and lead to the issuance of arrest warrants which can result in jail time (Harris 2016; Harris et al. 2017; Huebner and Shannon 2022, this volume…”

“Regardless of their purpose, scholars have documented the disproportionate consequences for the poor and working classes and communities of color (Eisen 2014; Fernandes et al. 2019; Harris 2016; Harris et al. 2010; Henricks 2019).”

“obligations affect former prisoners as the backdrop (Bannon et al. 2010; Cammett 2010; Harris et al. 2010), the current study leverages a multistate, longitudinal sample of THE SOCIOLOGICAL QUARTERLY 145”

“…important exceptions to this neglect (Beckett and Harris 2011; Carlen and Cook 1989; Faraldo‐Cabana 2014, 2017; Fox 1995a, 2005b; Harris 2016; Harris, Evans and Beckett 2010; Hogg 1988; Katzenstein and Waller 2015; O’Malley 2009b; Young 1989; and the 2011 special issue of Criminology and…”

“Our analyses examine how LFO burden is related to neighborhood poverty and extend the Harris et al. (2010) model to include structural consequences of LFOs.”