Paying for justice? Financial punishments in New York's justice courts

• In Event: Paths Through the Rural Justice System

Abstract

As is the case in over twenty states, much of the state’s population is served by Town Courts that are not part of the state’s Unified Court System (UCS). These courts are funded by local governments, not by state appropriations; and unlike UCS City and County Courts, a portion of the revenue generated by financial penalties stays in the Towns’ revenue stream. This study addresses questions surrounding the use of fines by Town Court judges to produce revenue for their jurisdictions, such as what the community needs of jurisdictions are, what kinds of revenue fines and fees are, and how judges utilize fines in relation to other forms of punishment. This study aims to assess the incentives New York’s Town Courts face when sentencing defendants in misdemeanor cases. The findings help inform our understanding of the functioning of courts operating in rural and suburban jurisdictions that incorporate fines into sentencing decisions that may benefit local government finances, at the expense of equity and effectiveness for defendants.

Authors

• Alissa Pollitz Worden, University at Albany, SUNY

• Lilly Chapman, University at Albany, SUNY

• Roseanna Deiulio, University at Albany, SUNY

• Ananya Sharma, University at Albany, SUNY

• Victoria Pincus, University at Albany, SUNY