Using a Public Court Database to Evaluate the Effect of Court Fines and Fees on Misdemeanants

• In Event: Sources of Sentencing Disparity and Predictors of Recidivism

Abstract

Up to 60-90% of people in the criminal justice system are poor (U.S. Department of Justice, Bureau of Justice Assistance, 2000); one way to address this vulnerable population is through assessing their financial interactions with the criminal justice system. Not being able to pay courts costs, such as fines and fees, may start an adverse cycle of debt and system contact. This study used a public, online court database from one Midwestern state to generate a random sample (N = 77) and examine the fines and fees for first-time offenders accused of a misdemeanor. Aggregate U.S. Census data added to assessing impact. Variables included those related to demographics, offense, and fines and fees (database), and aggregate county socioeconomic measures (Census). Due to changes in policy regarding the online database, upon data collection, information was limited. Yet, results suggest that statutory hearings to determine a defendant’s ability to pay may be underutilized. Statewide fines and fees showed general consistency in terms of collections, but county-level fines and fees varied drastically. Findings support the need to consider misdemeanants’ ability to pay. The researchers also provide policy change recommendations regarding online, court databases.

Authors

• Karen M. Kolivoski, Howard University

• Timothy Klipp-Lockhart, Howard University