Understanding the Burden of Legal Financial Obligations on Indigent Washingtonians

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.

Due Process & the Theater of Racial Degradation: The Evolving Notion of Pretrial Punishment in the Criminal Courts

Most theorists assume that the criminal courts are neutral arbiters of justice, protected by the Constitution, the rule of law, and court records. This essay challenges those assumptions and examines the courts as a place of punitive excess and the normalization of racial abuse and punishment. The essay explains the historic origins of these trends and examines how the categories of “hardened” and “marginal” defendants began to assume racialized meanings with the emergence of mass incarceration. This transformed the criminal courts into a type of public theater for racial degradation. These public performances or “racial degradation ceremonies” occur within the discretionary practices and cultural norms of mostly White courtroom professionals as they efficiently manage the disposition of cases in the everyday practice of law. I link these historical findings to a recent study of the largest unified criminal court system in the United States–Cook County, Chicago–and discuss court watching programs as an intervention for accountability and oversight of our courts and its legal professionals.

Resuscitating criminal courts after Covid-19: Trialling a cure worse than the disease

This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised to deal with such cases. This additionally raises fundamental questions about the administration and governance of the courts, the independence of the judiciary in decision-making and the basic utility of the presumption of innocence in such cases.

Court Ethnographies

This chapter provides an introduction to ethnographic research on criminal courts, focusing on the scientific and policy objectives in this diverse field. A central theme is that court ethnographers in observing hearings and interviewing practitioners have a choice in employing analytic strategies that focus on “micro” and “macro” level of analysis. Landmark studies conducted in the United States and United Kingdom are summarized, locating these in their political and intellectual context. Practical issues are reviewed including obtaining access, ethics approvals, and data analysis. The chapter also considers future trends and issues: internationalization of this field, practical contributions to understanding criminal justice, and policy implications for debates about social justice. Ethnographers can assist in evaluating emerging philosophies and court-based practices, and new types of specialist courts.

A Profile Study of Elderly Offenders in the Community Criminal Courts of Singapore: Theorizing Geriatric Criminality

This research, using data from the Community Criminal Courts where a majority of elderly offenders are tried and sentenced, investigates the socio-economic profile of elderly offenders and the factors influencing their criminal motivation in Singapore. It revisits conceptualizations of offending in older age which until now has received scant attention even in Asian societies where ties to conventional institutions are thought to be “protective.” The majority of elderly offenders in this study were “revolving door prisoners” and were never in possession of any efficacious social capital that would have prevented them from committing a crime or enabled their re-entry process, a problem compounded by the study’s findings that almost 70% of the sampled offenders had experienced mental health issues. This would have spelled adverse consequences for their desistance and, conversely, their recidivist behavior, a finding that was consistent with many other studies that had examined the association between psychosis and crime.