It’s incredibly expensive to be poor in the United States. Many have made this observation, noting not only the relatively high price to live in many places but also the prices charged to the poor for “services” like payday loans. Another is charging defendants fees to access their basic rights. Of course this is also another manifestation of racism given who the poor are and who the police target for arrest.
A brush with the police for pot possession might quickly spiral into a stiff penalty for a missed court date, deepening legal debt, missed work, re-arrest, a longer rap sheet. In daily life, the accompanying stigma layered over indebtedness “perpetuates inequality among African American and Latino men and among high school dropouts in the employment market.” The long-term opportunity cost could include mental-health crisis, forgone voting rights, and chronic recidivism, because people with nothing left to give also have nothing left to lose.
The question of poor individuals’ “debt to society” in the criminal justice infrastructure has exploded amid high-profile police-violence scandals, particularly in Ferguson, Missouri, where the bullet that killed Michael Brown sparked riots and exposed patterns of criminalization that afflict mutually reinforcing social and economic damage. A recent Department of Justice investigation uncovered a system in which officials see black citizens “less as constituents to be protected than as potential offenders and sources of revenue.”
What do the numbers look like?
Even due process carries a price tag in states like Washington, where fees for jury trials have risen lately. A 2005 bill set a cost of “$150 and $250 for a six-or twelve-person jury, respectively.” Yes, the right to a jury of your peers costs $25 a head—add another $100 or so for a defense attorney.
Punishing the supposed deviance of the poor with still more poverty reflects “rhetoric in contemporary American society about personal responsibility and accountability,” Harris explains via e-mail:
What is interesting about monetary sanctions and the criminal justice system, similar to that of education and even health care, is that we have shifted what should be a guaranteed right or governmental responsibility to the people who are processed through the system.
Harris’s subjects started with an average debt of about $9,200 each, generally as the combined cost of several convictions. After five years, even with regular monthly payments of about $31, the debtor “would owe $10,667 as a result of the accumulated interest and surcharges—an increase of $1,463 over the initial debt.”
Of course all of this adds up to an inability to pay the rent, clothe the children, eat properly, mental health, etc.
Legal debtors struggle to live with dignity. Nick, a 38-year-old black man who was attending community college through the help of a reentry program, was trailed by a chain of debt leftover from three convictions in the mid-1990s—violations related to “drug addiction and mental health problems” in adolescence that poverty only exacerbated later on. When Harris interviewed him, he had been sentenced to 56 months in state prison, been jailed several times, and “accumulated a total of $3,178.06 in legal debt,” an impossible sum for him pay down.
This is a complete injustice. But it’s just par for the course for hundreds of thousands of Americans.