The Logics of Monetary Sanctions in the U.S.

• In Event: The Hidden Tentacles of Monetary Sanctions

Abstract

What are the logics of monetary sanction use in the US and how do they influence an individual’s experience of punishment for a criminal conviction? To address these questions, we draw on a systematic analysis of statutes, interview data with debtors (n=510) and court professionals (n=435), as well as 1,600 hours of ethnographic observation across eight states. We combine these data with publicly available administrative data to identify various logics in monetary sanction use. We find that two ideal types exemplify the logics of monetary sanctions. In “Machine Logic,” the emphasis is on maximizing the extraction of money from those involved in the criminal legal system. In “Journey Logic,” the focus is on holding defendants accountable as they navigate toward an outcome ostensibly desirable to both the individual and the court. We derive these logics from an assessment of the penal context and manifestation of discretion in each state. We then examine how these logics relate to the legal and experiential consequences for people assessed monetary sanctions, finding that each ideal type can entail an expansive reach of the criminal legal system into people’s lives.

Authors

• Karin D. Martin, University of Washington

• Bryan L. Sykes, University of California, Irvine

• Beth Huebner, University of Missouri - St. Louis

• Becky Pettit, University of Texas at Austin

• Alexes Harris, University of Washington