The Financial Cost of a Criminal Conviction: Context and Consequences

“Harris and colleagues (2010) suggest LFOs perpetuate poor economic circumstances and further stratify social classes—trends already resultant from felony convictions (Harding et al., 2014; Wakefield & Uggen, 2010).”

“…in the criminal justice system, and the massive racial wealth gap (Eisen, 2015; Evans, 2014; Harris, 2016; Harris et al., 2010; Martin et al., 2018; Martin, Smith, & Still, 2017; McKernan, 2019; Piquero & Jennings, 2017; Pleggenkuhle, 2018; Shannon, Huebner, & Harris, 2020; Vallas & Patel, 2012).”

“In addition, even with employment and a steady income, keeping current on payments can be difficult for some due to household and family obligations (Pleggenkuhle, 2017).”

“Email: matthewse@gonzaga.edu receive a list of obligations when they check in with probation and parole, but little support or guidance regarding how to meet them (Pleggenkuhle, 2018).”

“Likewise, being assessed legal debt and relying on support from family is shown to lead to stress, anxiety, strained relationships, and conflict within families (Harris 2016; Kaplan et al. 2016; Paik and Packard 2019; Pleggenkuhle 2018).”

“Despite these new standards, scholars have pointed to the burden of even relatively small monetary sanctions, alluding to the harsh consequences for nonpayment (Pleggenkuhle 2018).”

“Another qualitative study conducted with 131 previously incarcerated individuals found that participants’ average legal debt when released from prison increased by over $4700 when child support was added to their court debt [23].”

“…justified as an effort to refocus the financial responsibility of children toward their noncustodial fathers, who were seen as eschewing their financial obligations (Edin and Kefalas 2005; Edin et al. 2019; Edin and Nelson 2013; Haney 2018; Pleggenkuhle 2018; Turetsky and Waller 2020; Wilson 1987).”

“Legal debts are often substantial in amount, can exacerbate preexisting inequalities, and adversely affect the prison reentry process (Bannon et al., 2010; Harris et al., 2010; Link & Roman, 2017; Pleggenkuhle, 2018).”

“A growing body of research illuminates the disproportionate impact of financial penalties on impoverished and marginalized communities (e.g., Harris, Huebner, Martin, Pattillo, Pettit, Shannon, Sykes, & Uggen, 2017; Link, 2019; Pleggenkuhle, 2018).”

“…generation, perhaps to offset shrinking public coffers, has become a more central focus for justice agencies (Bannon et al., 2010; Martin, 2018; Pleggenkuhle, 2018).1 Beckett and Harris (2011) argued that these sanctions serve as supplements – not replacements – to custodial sanctions, and are…”

“LFO is a term that “encompasses the cumulative monetary assessments charged over various points of a criminal sentence” (Pleggenkuhle, 2018: 122).”

“Legal debt can damage credit reports, hindering employment and housing prospects, and can preclude obtaining public assistance, and educational and employment licensing (Bannon et al., 2010; Link, 2019; Pleggenkuhle, 2018).”

“…or agency level, other policy-relevant factors, or some combination thereof, the impact on justice-involved people, their families, and many already marginalized and disadvantaged communities has been unmistakable (Bannon et al., 2010; Harris, 2016; Pleggenkuhle, 2018; Pogrebin et al., 2014).”

“Other scholars have recommended the use of graduated LFOs based on income to reduce some of the disparate impact of the sanctions on those with limited economic means (Link, 2019; Pleggenkuhle, 2018).”

“This is exacerbated by the fact that it is now very common for people in contact with the justice system to face large debt burdens from fines, fees, and/or costs relating to their justice-system processing, which can linger for many years—especially among the indigent—and keeps them tethered to the system (Link, 2021…”

“For example, Pleggenkuhle (2018) found that child support costs contributed to overall debt and are an”

“In a study of individuals on probation and parole, Pleggenkuhle (2018) found similar themes of dependence, continuing poverty, and negative emotional states among those with monetary sanctions (see also Martire et al., 2011).”

“These consequences include difficulty affording fundamental needs such as food, housing, and health care (Harris 2016; Pleggenkuhle 2018); greater financial stress for families and communities (Katzenstein and Waller 2015); increased stress on mental and physical health (Harris and Smith 2022); and…”

“Violent behavior has significant financial implications, affecting various aspects such as victims’ costs and criminal justice expenditures (Cohen and Piquero, 2015), and legal financial obligations for offenders (Pleggenkuhle, 2018).”

“…adverse consequences of criminal conviction on an individual's employment and earnings prospects (Borland & Hunter, 2000; Nagin & Waldfogel, 1998; Pleggenkuhle, 2018; Waldfogel, 1994), and the evidence that more severe sanctions are not a deterrent to drug use (Green & Winik, 2010; Mitchell et…”

“shown how criminal behavior, sometimes by itself a result of financial problems, can lead to a spiral of increasing financial problems (e.g. Iratzoqui & Metcalfe, 2017; Link, 2019; Martin et al., 2018; Piquero & Jennings, 2017; Pleggenkuhle, 2018).”

“In the psychological literature, SWB is often seen as the generalized metric by which psychological health is evaluated (Diener et al., 1999, 2018).”

“Owing LFOs might also result in psychosocial stress, such as higher dependencies on the social system, a damaged social role and emotional stress (Pleggenkuhle, 2018).”

“Estimates on the incidence of indebtedness among people in prison generally range from 50% up to 80%, and are even higher after incarceration (Harris et al., 2010; Koenraadt et al., 2020; Link, 2019; Pleggenkuhle, 2018).”

“Monetary sanctions are often perceived as less-restrictive resolutions, yet they impose a financial burden on individuals and trap them in a cycle of poverty (Harris, 2016; Martin et al., 2018; Pleggenkuhle, 2018).”

“Consistent with prior literature, the use of electronic monitoring has been found to be very costly for clients (Morash, 2024; Pager et al., 2022; Palermo, 2015; Pleggenkuhle, 2017) and is likely driving the effect found in our community corrections sample.”