Courts across the country are operating modern day debtors’ prisons, arresting and jailing poor people for failing to pay unaffordable legal debts.
Key Cases
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Nelson v. Constant
Ending the Punishment of Poverty
The City of Gretna orchestrated the over-enforcement and excessive charging of non-violent misdemeanor offenses to fund the city’s budget. The MacArthur Justice Center is fighting on behalf of Gretna residents to ensure that local governments are not able to over-police vulnerable communities for financial gain.
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City of Pearl Youth Court
Unlawful Fees and Fines
In August 2016, a young African-American woman was traveling through Pearl, Mississippi while looking for employment. She was a passenger in a friend’s car, and her baby rode with them in a car seat. When the car was stopped for a minor traffic violation, it was discovered that both adults had outstanding warrants for routine...
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Brown v. Corinth
Pretrial Detention
The MacArthur Justice Center, in partnership with the Southern Poverty Law Center (SPLC), filed a federal class action lawsuit targeting the City of Corinth, Mississippi for operating a modern-day debtors’ prison, unlawfully jailing poor people for their inability to pay bail and fines. As a result of the settlement, the City will ensure that defendants arrested without a warrant see a judge within 48 hours, will stop jailing defendants who cannot afford to pay a fine or money bail, will release most people on their own recognizance following arrest, and will allow defendants who are unable to pay their fine in full to choose between a $25 monthly payment plan and community service.
Key Facts
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Fees for Arrest
Courts can and do impose astronomical fees, known as legal financial obligations, on those charged with crimes. They include fees for arrest, bench warrant, attorney, crime lab, jury, and victim assessment. -
The “Poverty Penalty”
Known as the “poverty penalty,” fines and fees are often doubled and tripled when an individual cannot make the initial payment. -
Affect People of Color
Fines disproportionately affect people of color. -
Suspend Driver’s Licenses
More than 40 states currently suspend driver’s licenses over unpaid legal fees.