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
After contacting the MacArthur Justice Center, Mississippi Director Cliff Johnson conducted an investigation. We learned that Judge Shirley had imposed countless similar orders, cruelly conditioning custody or visitation rights on monetary payments that parents sometimes were unable to make. On October 26, 2017, the Pearl Board of Alderman accepted MacArthur’s demands that the Pearl Youth...
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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.