The criminalization of poverty
5/15/2015, 1:51 p.m.
Marian Wright Edelman
The recent U.S. Department of Justice report on police and court practices in Ferguson, Mo., put a much needed spotlight on how a predatory system of enforcement of minor misdemeanors and compounding fines can trap low-income people in a never-ending cycle of debt, poverty and jail.
This included outrageous fines for minor infractions, such as failing to show proof of insurance and letting grass and weeds in a yard get too high. In one case, a woman who parked her car illegally in 2007 and couldn’t pay the initial $151 fee has since been arrested twice, spent six days in jail, paid $550 to a city court and, as of 2014, still owed the city $541 in fines, all as a result of the unpaid parking ticket. The Department of Justice found each year Ferguson set targets for the police and courts to generate more and more money from municipal fines. And Ferguson isn’t alone.
The criminalization of poverty is a growing trend in states and localities across the country.
The investigation of Ferguson’s practices came after the killing of unarmed 18-year-old Michael Brown by a police officer. And last month, the practice of criminalizing poverty made headlines again after Walter Scott was killed in North Charleston, S.C. Mr. Scott was shot in the back by Officer Michael Slager on April 4 as he ran away after being pulled over for a broken taillight. Mr. Scott already had served time in jail for falling behind on child support, and on the day he was stopped, there was a warrant for his arrest for falling behind again. His family believes his fear of going back to jail caused him to run.
His brother told The New York Times that he already felt trapped: “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support,” said Rodney Scott, whose brother most recently was working as a forklift operator. “He got to the point where he felt like it defeated the purpose.”
A recent investigation by National Public Radio, the New York University Brennan Center for Justice and the National Center for State Courts cited a study estimating that between 80 percent to 85 percent of inmates now leave prison owing debt for court-imposed costs, restitution, fines and fees.
In some jurisdictions, defendants are charged for their room and board during lockup, probation and parole supervision, drug and alcohol abuse treatment, DNA samples and even their constitutional right to a public defender. When poor people can’t pay those fees either, the cycle of debt and jail time continues.
Federal law also prohibits people in breach of probation from receiving a range of benefits, including Temporary Assistance for Needy Families (TANF), food stamps and Supplemental Security Income — once again, exacerbating the cycle of poverty, probation and prison.
A study conducted by the American Bar Association’s Criminal Justice Section found more than 38,000 documented statutes nationwide creating collateral consequences for people with criminal convictions, including barriers to housing, employment, voting and many public benefits.
By denying these citizens access to basic services they need to survive, our policies needlessly increase the risk of recidivism and continue to leave people truly trapped.
Marian Wright Edelman is president of the Children’s Defense Fund.