Edmonds Municipal Court Judge Linda Coburn in Washington State believes the system of "legal financial obligations" has grown so complex, judges and attorneys often fail to appreciate the burden they represent. And some, the ones that I've interviewed in Washington, there was a split. In one county in Washington, for example, over $750 million is outstanding, but the average annual payment is $39 (again, the first $100 go to the collection fee). He notes that this is a perfect way to ensure that the poor, unable to pay their debts, are also unable to earn a living that might have helped to pay the outstanding debt.. For progressives, what constitutes cruel punishment cannot be resolved by opinion polls or the popularity of the punishment. Can you reduce it? Court-imposed user fees for processing. Monetary Sanctions as a Pound of Flesh - Brennan Center for Justice Its a detailed study of fines and fees practices in Washington State. A life sentence for a parking violation, for example, would not violate the Constitution. Fines Fines, or a sum of money the offender has to pay as punishment for the crime, are generally viewed as the least severe of all possible punishments. Jermaine on Instagram: "Not only was colonial Pennsylvania a slave For example, would it violate the Eighth Amendment to impose a life sentence for a parking violation? You're charged a booking fee, you're charged when you're put on probation. The DOJ found disparate impact motivated by racial bias. It is no longer constitutional to execute a person for theft, for example, because this punishment fell out of usage for this crime a long time ago, and the punishments that have replaced it are far less severe. A sentence of life imprisonment without parole may be acceptable for some crimes, but it would violate the Constitution to condemn anyone to die in prison for shoplifting or simple marijuana possession. They might have to attend victim's classes, they might have electronic home monitoring. My argument is that local jurisdictions and state jurisdictions just realized that they can't afford the cost of our mass system of criminal justice. Where there is no ability to pay, there is no way to complete restitution. had heard that the fine was $500. There are no options for relief from restitution. It is common for courts to find a violation because the defendant couldnt pay costs. These practices appear to have evolved from governments desire to reduce taxation to support criminal justice in favor of increasing fines and fees for offenders. The DOJ reached a federal consent decree entered on April 19, 2016. There are laws, as in Washington, that require collection of restitution before any other LFO. So there's several layers of punishment, and in addition to that, they have a felony conviction with a host of collateral consequences. In some cases, there's mandatory LFOs that we must impose, and we look at this person, we look at their history, and do we think that that's going to be able to be paid?
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fines are only a punishment for the poor