Monetary Sanctions: A Review of Revenue Generation, Legal Challenges, and Reform

Annu Rev Law Soc Sci. 2019 Oct;15(1):397-413. doi: 10.1146/annurev-lawsocsci-101518-042816.

Abstract

The Ferguson Report became a watershed moment for understanding the costs and consequences of the monetary sanctions system for communities of color. Since that time, myriad reports, studies, and commissions have uncovered evidence that suggests that Ferguson, Missouri, was not an outlier but rather part of a broader set of systems throughout the country that relied on increasingly punitive assessment and collection strategies for revenue. The growth and expansion of these systems continue to have detrimental and widespread consequences. In this article, we aim to shed light on the current state of monetary sanctions as the full scope and damage of the monetary sanctions system come better into focus on the national, state, and local level. We explore the legal challenges and legislative reforms that are attempting to reshape the landscape of monetary sanctions and lessen the burden on economically disadvantaged individuals and communities of color.

Keywords: LFOs; criminal justice system; debtors’ prison; legal financial obligations; monetary sanctions.