The school-to-prison pipeline (STPP) is a commonly used metaphor that was developed to describe the many ways in which schools have become a conduit to the juvenile and criminal justice systems. The STPP metaphor encompasses various disciplinary policies and practices that label students as troublemakers, exclude students from school, and increase their likelihood of involvement in delinquency, juvenile justice, and subsequent incarceration. Many external forces promote these policies and practices, including high-stakes testing, harsh justice system practices and penal policies, and federal laws that promote the referral of certain school offenses to law enforcement. Empirical research confirms some of the pathways posited by STPP. For example, research has shown that out-of-school suspensions predict school dropout, justice system involvement and adult incarceration. However, research on some of the posited links, such as the impact of school-based arrests and referrals to court on school dropout, is lacking.
Despite gaps in the empirical literature and some theoretical shortcomings, the term has gained widespread acceptance in both academic and political circles. A conference held at Northeastern University in 2003 yielded the first published use of the phrase. Soon, it attained widespread prominence, as various media outlets as well as civil rights and education organizations (e.g., ACLU, the Advancement Project (they also use “schoolhouse-to-jailhouse track”), the National Education Association (NEA), and the American Federation of Teachers) referenced the term in their initiatives. More recently, the Obama administration used the phrase in their federal school disciplinary reform efforts. Despite its widespread use, the utility of STPP as a social scientific concept and model is open for debate.
Whereas some social scientists and activists have employed STPP to highlight how even non-criminal justice institutions can contribute to over-incarceration, other scholars are critical of the concept. Some scholars feel that the pipeline metaphor is too narrow and posits an overly purposeful or mechanistic link between schools and prisons; in fact, there is a much more complicated relationship that includes multiple stakeholders that fail our nation’s youth. Rather than viewing school policies and practices in isolation, critical scholars have argued that school processes of criminalization and exclusion are inextricably linked to poverty, unemployment, and the weaknesses of the child welfare and mental health systems. In short, the metaphor does not properly capture the web of institutional forces and missed opportunities that can push youth toward harmful choices and circumstances, often resulting in incarceration. Many reforms across the nation seek to dismantle STPP, including non-exclusionary discipline alternatives such as restorative justice and limiting the role of school police officers. Rigorous research on their effectiveness is needed.
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Article
Examining the School-to-Prison Pipeline Metaphor
Kayla Crawley and Paul Hirschfield
Article
Executive Clemency in the United States
Margaret Colgate Love
Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short.
But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.
Article
Experimental Design in the Study of Crime Media and Popular Culture
Cara Rabe-Hemp and John C. Navarro
In the study of crime media and popular culture, researchers have a wide range of research methodologies at their disposal. Each methodology or standardized practice for producing knowledge involves an epistemological foundation and rules of evidence for making a claim, as well as a set of practices for generating evidence of the claim. The research methodology chosen is contingent upon the question being studied, as each methodology has strengths and weaknesses.
As the most stringent research design, experiments are unique because they are the only methodology able to establish causality. This is because experimental design’s major advantage is that researchers can control the environment, conditions, and variables that are being studied. However, experiments suffer from a major disadvantage as well: the precision and control utilized in experiments make it difficult to apply the findings to the real world, referred to as generalizability. This is especially poignant in crime media and popular culture studies where researchers are often interested in exploring how the criminal justice system, participants, and processes are socially constructed and how the mediated images impact our conceptualization of criminality and appropriate criminal justice system responses.
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Experimental Methods in Criminology
Rylan Simpson
Experimental methods have been a hallmark of the scientific enterprise since its inception. Over time, experiments have become much more sophisticated, complex, and nuanced. Experiments have also become much more diverse, and their use within research settings has expanded from the physical sciences to the social sciences, including criminology.
Within criminology, experimental methods can manifest in the form of laboratory experiments, field experiments, and quasi-experiments, each of which present their own strengths and weaknesses. Experimental methods can also be applied in the context of between-subject and within-subject paradigms, both of which exhibit unique characteristics and implications. Experimental methods—as a research method—are unique in their ability to help establish causal relationships among variables. This article introduces the topic of experimental methods in criminology, with a specific focus on the subfield of policing.
Article
The Extent and Nature of Gang Crime
Lauren Magee and Chris Melde
Street gangs have been the focus of attention for over a century, largely due to their reputation for involvement in illegal activities, especially violence. Indeed, gangs use this reputation for violence as a means of survival, as they seek to intimidate others in order to protect their members from attacks from rival gangs, and to limit the willingness of community members to cooperate with law enforcement officials. Research on the nature of these groups suggests they thrive in marginalized communities, where there are high rates of poverty, family instability, and limited institutional support. Much of the information on street gangs stems from data collected in the United States, but these groups have been documented across the globe in not insignificant numbers. While gangs certainly differ in their structure and organizational capacity, these groups are routinely associated with a disproportionate involvement in delinquent and criminal acts at the local level. Perhaps most concerning, gangs and gang members are known to be associated with substantially higher rates of interpersonal violence, including homicide, than non-gang-involved persons. From a developmental perspective, even brief periods of gang membership have been found to have negative consequences across the early portion of the life course, including reduced educational attainment, lower income, family instability, and a higher likelihood of arrest and incarceration. Overall, the negative effects gangs have on communities appears to outweigh any of the short-term benefits these groups provide their members.
Article
Extortion and Extortion Racketeering
Atanas Rusev
Extortion as a crime has long attracted the interest of scholars, and much effort has been put into coining a precise definition that would allow distinguishing it from other similar predatory practices such as blackmail, bribery, coercion, and robbery. Academic literature classifies extortive practices according to their degree of complexity and involvement of organized crime. In this sense, the simplest form of extortion displays one offender who receives a one-time benefit from one victim, while the most sophisticated form is illustrated by racketeering, whereby an organized crime group systematically extorts money from multiple victims. Extortion as an organized crime activity can involve both episodic extortion practices and well-rooted systemic practices over a certain territory, where the latter is usually regarded as perpetrated by Mafia-type criminal organizations. Some scholars argue that extortion racketeering as a Mafia crime should be defined as sale and provision of extralegal protection services—protection of property rights, dispute resolution, and enforcement of contracts. However, others contend that extortion by Mafia-type organizations should not be counted as an economic activity but instead be considered a kind of illegal taxation that is imposed by quasi-political groups. Hence, they argue that it is a form of illegal governance and is a transfer of value that creates no economic output.
In contrast with the traditional understanding of extortion racketeering as “defining activity of organized crime,” some scholars have also focused on “extortion under color of office,” or, in other words, extortion perpetrated by public servants or politicians in their official capacity. Extortion has often been compared with bribery, since both crimes can be defined as an unlawful conversion of properties and goods belonging to someone else for one’s own personal use and benefit. The debate on the differences between bribery and extortion, however, is a contested one, and has followed two lines of argument: respectively, the degree of coercion involved in the crime and the role (or modus operandi) of public officials in the bribery and extortive scheme. The common element of both crimes is the fact that representatives of the state abuse their power and official position for their own benefit.
Article
Fakes and Forgeries in Art, and the More Specific Term “Art Fraud”: A Criminological Perspective
Kenneth Polk
Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.
Article
False Confessions in Popular Culture
Rebecca Pfeffer
Stories involving false confessions can be emotional and moving, as they appeal to our innate desire for justice. As such, stories of false confessions can be powerful tools in books, films, and televisions shows. The way that a false confession is framed, and the context in which it is introduced to consumers (whether as readers or viewers) makes a big difference in how a false confession will be perceived.
In fictional stories in print or on screen, typically the viewer (or reader) has some sense of a person’s true innocence or guilt. In a television show, the viewer may have already seen a clip of the crime with the true criminal. Other musical or visual cues may also give viewers clues as to the true guilt or innocence of an individual offering a confession to a crime. Because viewers know, or will know, the true identity of the person who committed the crime in question, the use of an interrogation or a false confession (or both) can be used to demonstrate the moral character of the confessor. In exactly the same way, the use of a false confession in a fictional story can be used to demonstrate the morality of a police officer or even a whole police department. For example, a scene depicting the interrogation of a suspect that viewers know is not guilty may be used to demonstrate the use of immoral, coercive interrogation techniques by television detectives.
In nonfiction, the exploration of false confessions is often used to demonstrate the fallibility of the justice system. Because the idea that an innocent person would confess falsely to a crime that they did not commit seems incredibly counterintuitive to the average person, in-depth explorations (whether in documentaries, podcast series, newspaper or magazine expose, etc.) of the process by which false confessions can happen can be instrumental in helping people understand the reality of the phenomenon. The way a case or a confession is framed in the media and understood in popular culture also impacts our social construction of that person’s guilt or innocence.
Article
Family Violence
Tara E. Sutton and Leslie Gordon Simons
Family violence encompasses a broad range of maltreatment types between family members including physical, sexual, and psychological abuse, as well as neglect and financial exploitation. Such violence includes child maltreatment, sibling abuse, intimate partner violence, and elder mistreatment. Family violence is relatively common and represents a significant social, legal, and public health problem. Specifically, research shows that rates of family violence range from 10% to 45% across family relationships in the United States. Moreover, family violence tends to occur in a socioecological context characterized by risk and vulnerability and is related to various negative consequences including psychological distress, health risks, injury, and even death. Despite overlap in the causes and consequences of family violence, work on each type has largely developed independently. However, several theoretical perspectives have been offered that apply broadly to this important social issue. Additionally, existing criminological theories can be utilized to understand the nature and consequences of family violence.
Article
Fear of Crime
Nicole Rader
Fear of crime has been a serious social problem studied for almost 40 years. Early researchers focused on operationalization and conceptualization of fear of crime, specifically focusing on what fear of crime was (and was not) and how to best tap into the fear of crime construct. This research also found that while crime rates had been declining, fear of crime rates had stayed relatively stable. Nearly 40% of Americans indicated they were afraid of crime, even though crime was declining during the same time period. This finding led researchers to study the paradox of fear of crime. In other words, why does fear of crime not match up with actual chances of victimization? Several explanations were put forth including a focus on vulnerability (e.g., individuals felt vulnerable to crime even if they were not vulnerable) and a focus on differences in groups (e.g., women were more afraid of crime than men, even though they were less likely to be victims). Thus, many studies began to consider the predictors of fear of crime. Researchers since this time have spent most time studying these fear of crime predictors including individual level predictors (i.e., sex, race, age, social class), contextual predictors (neighborhood disorder, incivilities, and social cohesion), along with the consequences of fear of crime (psychological and behavioral). Such results have provided guidance on what individuals fear, why they fear, and what impact it has on the daily lives of Americans. Future research will continue to focus on groups little is known about, such as Hispanics, and also on the impact of behavior on fear of crime. This future research will likely also benefit from new techniques in survey research that analyzes longitudinal data to determine causality between fear of crime and other predictors such as risk and behavior.
Article
Female “Deviance” and Pathways to Criminalization in Different Nations
Syeda Tonima Hadi and Meda Chesney-Lind
Global-level data suggests that the number of women and girls in prison is growing and at a faster rate than the male prison population is. In order to meaningfully address this shift in female deviance and criminalization, more attention should be given on the specific ways that women and girls are labeled “deviants” and subsequently criminalized. Women and girls have been criminalized, imprisoned, and harshly punished for “moral” offenses such as adultery or premarital sex or for violations of dress codes or even for being a member of the LGBTQ community. Women and girls have also been reportedly been imprisoned for running away from their homes (often from abusive situations), for being raped, and even for being forced into prostitution. Furthermore, victims of domestic violence or sex trafficking and sex workers have been administratively detained or simply detained for seeking asylum, having committed no crime. The feminist criminological perspective has widened an understanding of all forms of female deviance. This perspective stresses the importance of contextual analysis and of incorporating unique experiences of women and girls at the intersection of not only gender, race, class, and ethnicity but also nationality, religion, sexual orientation, political affiliation, and immigration or migration status, and against the backdrop of national as well as international conflict. Now the challenge is develop effective solutions both to address female victimization and to end the silencing of women and girls through criminalization on a global level. Effective implementation of a gender-mainstreaming strategy, adopted in United Nations policies such as “the Bangkok Rules,” is one of the proposed solutions.
Article
Femicide: The Notion, Theories, and Challenges for Research
Daniela Bandelli and Consuelo Corradi
Since the 1990’s, the notion of femicide has disseminated in civil society, the media, policy making, and scientific literature and has helped movements to draw attention to violence against women. The notion was coined to reveal the sexual politics of the murder of women and call militants to action. Today, it is increasingly used with the meaning of killing a woman because she is a woman, emphasizing gender and misogyny as the main motives. Femicide as well as the consequences of its application in diverse research areas are explored from a historical, legal, international, and activist point of view. The political thrust of the notion has proven to be useful in raising awareness on the emergency of the problem. However, the notion becomes unclear when it is used as a heuristic tool because (a) there is more than one interpretation about which types of homicide should be included and which fall beyond the definition of femicide and (b) the gender identity of the victim is not the only or the central motive of the homicide—both caveats pose problems to quantitative data collection and comparison. Available literature on homicide, family, and intimate partner violence offers a complex picture on why men kill women: explanations include diverse and interrelated factors pertaining to individual characteristics of perpetrators and victim, their relational history, and the influence of sociocultural environment, including a culture of male superiority and control. In addition, scientific literature has suggested that the importance of gender equality variables as a predicting factor for intimate partner violence should not be taken for granted, but it should be tested at the empirical level. Accurate options are suggested that yield robust and comparable empirical data for the advancement of knowledge and prevention.
Article
Feminist Criminology and the Visual
Kathryn Henne and Rita Shah
In response to the limitations of mainstream criminology, feminist and visual criminology offer alternative approaches to the study of crime, deviance, justice institutions, and the people implicated by them. Although feminist and visual lines of criminological inquiry have distinct foci and analytical strengths, they both illuminate disciplinary blind spots. Feminist criminology responds to criminology’s embedded gender biases, while visual criminology challenges criminology’s reliance on text and numbers. They offer approaches to redress criminology’s general lack of attention to the broader cultural dynamics that inform crime, both as a category and as a practice. Unpacking the visual through a feminist criminological lens is an emergent critical project, one that brings together and extends existing feminist and visual criminological practices. Combining feminist criminology and visual studies offers new possibilities in the areas of theory and methodology. Doing so also lends to new modes through which to query gendered power relationships embedded in the images of crime, deviance, and culture. Moreover, such an approach provides alternative lenses for illuminating the constitutive relationships between visuality, crime, and society, many of which exceed mainstream criminological framings. It brings together interdisciplinary perspectives from feminist studies and visual studies rarely engaged by mainstream criminology. Thus, a feminist visual criminology, as an extension of feminist criminology’s deconstructivist aims, has the potential to pose significant—arguably foundational—critiques of mainstream criminology.
Article
Feminist Perspectives on Criminal Justice in Popular Culture
Greta Olson
A discussion of feminist perspectives on crime and criminal justice in popular culture has to begin by pointing out that pop culture itself has traditionally been gendered as feminine. As epitomized by abstract visual art, nonnarrative poetry, and auteur cinema, high culture is still regarded in some critical circles as the opposite of popular culture, which is associated with the seductive and immersive qualities of mass media. Resulting from a masculinist aesthetic that privileged difficulty and abstraction as in Modernist poetics, so-called feminine forms have traditionally been considered to be less valuable than ones associated with masculinity. Media vehicles associated most readily and negatively with popular culture are those directed primarily at women audiences, such as daytime television, romance novels, and women’s magazines. Associated with the domestic space, leisure time, and unemployment, television itself was until recently viewed as a less-valuable, feminine medium.
For these reasons, and because of television’s preoccupation with crime, this article concentrates on television as a formally feminized medium that has for technological and social reasons now become more highly valued. Critiquing the conjoining of masculinity and cultural value is a feminist task. As viewers watch their favorite series in public spaces on handheld devices, and certain series are considered novelistic and complex enough to supersede other cultural forums, television has gained new cultural credence and is a premier space in which to relate popular images about women and criminal justice.
Article
Feminist Themes in Television Crime Dramas
Nancy C. Jurik and Gray Cavender
The academic literature notes that male-centered protagonists dominated the crime genre (novels, film, television) for many years. However, beginning in the 1970s, when women began to enter the real world of policing, they also began to appear in the crime genre. Scholars describe how in those early years, women were depicted as just trying to “break in” to the formerly male world of genre protagonists. They experienced antipathy from their peers and superiors, a situation that continued into the 1980s. In the 1990s, television programs like Prime Suspect addressed the continuing antipathy but also demonstrated that the persistence and successes of women protagonists began to change the narrative of the crime genre. Indeed, some scholars noted the emergence of a feminist crime genre in which plot lines were more likely to address issues that concerned women, including issues of social justice that contextualized crimes. Not only was there an abundance of women-centered genre productions, there was a significant increase in academic scholarship about these protagonists. Some scholars argue that once women in the crime genre reached a critical mass, some of their storylines began to change. There was a tendency for women to be seen as less feminist in their career orientations and more like traditional genre protagonists, e.g., brooding, conflicted, and oppressive. Plots abandoned social justice issues in favor of more traditional “whodunits” or police procedural narratives. The same darkness that characterized men in the crime genre could now be applied to women. Some scholars have argued that a few feminist-oriented productions continue to appear. These productions demonstrate a concern not only with gender but also with issues pertaining to race, class, sexual orientation, and age. For the most part, these productions still center on white, heterosexual women, notwithstanding some attention to these larger social matters.
Article
Feminist Theory
Rachel Bridges Whaley
Feminist theory is not one theory but a set of theories on the relationships between gender, the gender order, and gender stratification and criminal offending, victimization, and criminal legal system (CLS) processing. Feminist criminology is distinct from criminology because it embraces an understanding of gender, race, class, and sexual identities and their system level counterparts (i.e., stratification systems based on gender, race, social class, and sexuality) as key organizing forces in society that have multiplicative implications for criminality, victimization, crime rates, and CLS practices. Feminist criminology is a very large field with a 50-year history and is a theoretical, empirical, and activist enterprise.
Article
Filicide in Australian Media and Culture
Janine Little, Danielle Tyson, and Denise Buiten
Filicide is the deliberate act of a parent killing a child. The murder of a child by their own parent challenges many of our fundamental expectations about the role of parenthood, family, mothers, and fathers, prompting a sense of horror, outrage, and deep distress. It violates the idea of parental instincts of protection for children. While maternal and paternal filicide are committed in roughly equal numbers, filicide has historically been regarded as a female crime. Media coverage of mothers who commit filicide differs from coverage of fathers who commit the same crime, reflecting both pervasive gender tropes—of demonized mothers who shatter expected feminine and maternal norms and disempowered fathers or fathers acting out of mental illness—and evolving gendered discourses that medicalize women’s violence and position men who kill their children as anomalous monsters. The media’s portrayal of these tragic cases is often to treat them as “inexplicable”—and when attempting to find an explanation, relying on heavily gendered tropes, simplifications, or rationalizations. The position of children—especially those with disability—within the power dynamics of the family are seldom considered in these constructions.
Article
Film Noir
William Luhr
Film noir is a term coined by French critics in 1946 to describe what they considered an emerging and exciting trend in Hollywood films—one that signaled a new maturity in American cinema. The term translates into English as “black film,” and the darkness to which it refers applies both to the grim themes and events in many of these movies, as well as to their dark look. Many of them deal with doomed characters entangled in immoral and/or criminal activities that go horribly wrong. Such characters lose their psychological mooring and become increasingly desperate, and the depiction of that desperation can at times destabilize the traditional securities and aesthetic distance of the viewer from the events of the film. The cinematography of many of these movies often features images crisscrossed with ominous shadows and filled with dark, mysterious spaces.
This article explores the origins of the genre in the 1940s, major influences upon it, its development and many transformations, its intersections with other genres, its place in Hollywood history as well as postwar American culture, its frequent bouts with industry censorship, reasons for the difficulties that critics encounter with defining it, its ongoing popularity, and its extensive influence upon multiple media.
Article
Finance Crime
Arjan Reurink
Finance crime, that is, white-collar crime that occurs in the markets for financial goods and services, appears to be pervasive in 21st-century capitalism. Since the outbreak of the global financial crisis of 2007–2008, virtually all established financial institutions have been implicated in finance crime scandals, ranging from the mis-selling of financial products to money laundering and from insider dealing to the rigging of financial benchmarks. The financial stakes involved in such scandals are often significant, and at times have the potential to destabilize entire economies. This makes the phenomenon of finance crime a highly relevant topic for white-collar crime researchers. A major challenge, however, for those studying the phenomenon of finance crime is to engage with the complex mechanics of finance crime schemes. These often involve esoteric financial instruments and are embedded in arcane market practices, making them seem impenetrable for those unfamiliar with the intricacies of financial market practices. A helpful way to make the empirical universe of finance crimes intelligible is to construct a typology. This can be meaningfully done by distinguishing finance crimes by the different rationales that underlie the laws and regulations they violate. Doing so renders five main types of finance crime. These are (i) financial fraud, (ii) misuse of informational advantages, (iii) financial mis-selling, (iv) market price and benchmark manipulation, and (v) the facilitation of illicit financial flows.
White-collar crime scholars have taken various theoretical and analytical approaches to the study of finance crime. Some scholars have studied finance crimes in the light of their macro-institutional contexts. Such approaches are based on the premise that actors find meaning—motivations and rationalizations—and opportunities for their actions in the cultural and institutional environments in which they are situated and that such environments can be criminogenic in the sense that they structurally facilitate or even promote illegal behaviors. Others have studied the organizational dimensions of finance crime, looking at both the social networks through which finance crimes are perpetrated as well as the ways in which these networks are embedded in broader organizational and industry structures. Still others have studied the costs, consequences, and victims of finance crimes. Finally, some white-collar crime scholars have studied the ways in which societies create legal regimes that prohibit certain financial market practices as well as how these prohibitions are subsequently enforced by regulatory agencies, public prosecutors, and the courts.
Article
Fines and Monetary Sanctions
Alexes Harris and Frank Edwards
Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations.
For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.
