Criminal-justice financial obligations in the United States

In the United States, criminal justice financial obligations (CJFOs), alternatively monetary sanctions or legal financial obligations, refers to costs paid by individuals as a result of their involvement in the criminal justice system.[1] CJFOs consist of fines, property forfeiture, costs, fees, and victim restitution, and may also include payment for child support. They have their roots in European laws going back to the Middle Ages, and although they fell out of favor in the US in the early 19th century, regained popularity in the mid to late 20th century, to become the most common form of punishment used by the criminal justice system across the country.

Statutes for the imposition of CJFOs exist in all 50 states. The United States Supreme Court has generally held the measure to be constitutional, ruling that debtors may be imprisoned for willful non-payment. CJFOs may be imposed at all levels of government, although the amounts required or permitted may vary greatly according to jurisdiction. As of 2005, around 10 million people in the US collectively owed more than $50 billion in CJFOs.

Failure to repay CJFOs may result in a number of negative consequences, including accruing interest and penalties; imprisonment; extension of court ordered supervision; negative impacts on credit score; diminished access to housing, transportation and employment; ineligibility for public assistance; and ineligibility to vote, possess a firearm, be pardoned, or request deferred prosecution. CJFOs are normally not subject to discharge via bankruptcy. CJFOs have a disproportionate impact on the poor and minorities, and may serve to perpetuate the conditions of poverty.

  1. ^ Martin, Karin D.; Smith, Sandra Susan; Still, Wendy (2017). "Shackled to Debt: Criminal Justice Financial Obligations and the Barriers to Re-Entry They Create". United States Department of Justice, Federal Bureau of Prisons, National Institute of Corrections. Retrieved 20 February 2019.

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