Bills of Injustice: Families and Victims’ Experiences with Legal Financial Obligations in Juvenile Court

• In Event: 4155 - Section on Crime, Law, and Deviance Refereed Roundtables (1 hour)
  In Refereed Roundtable 60min: 9. Monetary Sanctions, Pre-Trial Detention, and Misdemeanor Courts

Abstract

The impositions of fines and fees in the criminal justice system and its effects on poverty and racial and economic inequality have recently become popular topics in public and political discourse. However, the policy and research have focused largely on adult offenders, leaving the legal financial obligations (LFOs) imposed in the juvenile justice system and its effects outside of the spotlight. This paper seeks to contribute to a growing body of research that explores fines, fees, and restitution in the juvenile justice system, Based on a total of 51 interviews with 20 families (21 youths and 20 parents) and 10 victims of juvenile crime about their experiences with LFOs in Madison, Wisconsin, we delve into the implications of LFOs on family life and the youth’s case. We use procedural justice and legal consciousness to frame our argument about the injustice of LFOs. For the most part, our families’ experiences revealed a system that did not respect their input or financial situation, leading to a sense of resentment and resistance to taking ‘responsibility’ in the way that the court deemed appropriate. Our paper will show how the families’ resistance to paying LFOs did not necessarily preexist the youth’s involvement, but rather resulted from the experience of going through the process which was vague and seemingly contradictory as to who is responsible for the youth’s actions. Moreover, the process of how those LFOs are assessed and collected compounds the confusion of families and victims, increasing both groups’ sense of the ineffectiveness about the system.

Authors

• Leslie S. Paik, City College of the City University of New York

• Chiara Clio Packard, University of Wisconsin - Madison