Is suspension of driving privileges an effective way to collect unpaid fines?

realid-dlNo, according to a recent study of efforts to enforce monetary judgments in a Milwaukee municipal court and to a national organization with expertise in traffic safety. The Justice Initiative Institute reviewed non-criminal, municipal cases from 2008-2013 in which the Milwaukee court had ordered the detention of defendants for not having paid fines.

Not surprisingly, the report shows that most people who fail to pay fines have little if any income (a majority of those detained were unemployed). Therefore, although the prospect of sanctions might encourage payment by a population with greater financial resources, the use of incarceration for non-payment ends up costing the City of Milwaukee more than any additional amount of fines collected.

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GAO reports on use of FBI records checks for employment purposes

The Government Accountability Office has made public a long-awaited report to Congress on the use of FBI records by state agencies and private companies for employment-related background checks.  The report addresses three questions:
1. To what extent do states conduct FBI criminal history record checks for selected employment sectors and what challenges, if any, do they face in conducting these checks?
2. To what extent have states made progress in improving the completeness of criminal history records and what challenges remain that federal agencies can help mitigate?
3. To what extent do private companies conduct record checks, what benefits do they provide, how are they regulated, and what challenges do they face?

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New York Times weighs in on college applications and criminal records

BoxedOut.untitledThe New York Times has published an editorial about the recently issued report of the Center for Community Alternatives on the deterrent effect of questions about criminal records on applications for admission to the State University of New York.  (See the piece about the report “Boxed Out: Criminal History Screening and College Attrition” by CCA Director Alan Rosenthal published in this space 10 days ago.)  The editorial notes that the 24 campuses of the CUNY system do not include “the box” asking about criminal record on their application forms and have reported no safety issues as a result.  Perhaps this will be one of those rare cases where effective public advocacy highlighted in editorial pages will actually have a concrete result.

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Expanding college opportunities for prisoners in California

DegreesofFreedom2015_ReportCoverLast week was an exciting one for proponents of the expansion of college opportunities for people who are currently incarcerated or who have criminal records.  Two reports were released that propose strategies to break the cycle of recidivism, promote public safety, and de-escalate mass incarceration by opening up post-secondary educational opportunities.  It is fitting that both reports come at a time when America is reflecting on the events of “Bloody Sunday” in Selma, Alabama, fifty years ago, and envisioning where the momentum of Black Lives Matter will take us.  It is the intersection of an historic civil rights struggle, the human rights movement that confronts “mass criminalization” and the racial divide in the U.S. today.

The Stanford Criminal Justice Center and the Warren Institute at the UC Berkeley School of Law issued a report from the Renewing Communities Initiative, Degrees of Freedom: Expanding College Opportunities for Currently and Formerly Incarcerated Californians It was released just days after the Center for Community Alternatives (CCA) in cooperation with the Education from the Inside Out Coalition (EIO Coalition), issued its report, Boxed Out: Criminal History Screening and College Application Attrition, the subject of an earlier post on March 4, 2015.

 

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Criminal history screening in college applications

BoxedOut.untitledLast week the Center for Community Alternatives in cooperation with the Education from the Inside Out Coalition released Boxed Out: Criminal History Screening and College Application Attrition. With this new study and report we build upon our 2010 study, The Use of Criminal History Records in College Admissions Reconsidered. The Reconsidered study showed that a growing number of colleges and universities are asking about criminal history information during the application process: two-thirds of the colleges and universities we surveyed reported that they do so. Yet, as we discussed in the Reconsidered study, there is no empirical evidence to indicate that criminal history screening makes college campuses any safer.

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New York certificate scheme found inaccessible and ineffective

 

The certificate system for restoring rights after conviction in New York no longer serves its intended purposes, according to an investigation by City Limits.  The problem is that Certificates of Relief from Disabilities (CRD) are supposed to be a means to rehabilitation for people sentenced to probation, but the judges authorized to issue them see them (in the words of one public defender) “as a gold star, as a thing you get after you’ve been rehabilitated.”  The Parole Board appears similarly Read more

Good news, bad news: New York’s drug law reform and collateral consequences

The Vera Institute has issued a first-rate assessment of the effect of the Rockefeller drug law reforms in New York City.  See End of an Era?  The Impact of Drug Law Reform in New York City.   The report found that as a result of the reforms far more people were diverted out of the justice system and into treatment, thus avoiding conviction and the attendant collateral consequences.  On the other hand, for those not diverted, the report found that the repeal of mandatory minimums led prosecutors to look for other ways to leverage plea bargains, leading to more felony convictions and more severe collateral consequences than under the old laws.  Sentencing reformers in other jurisdictions should take note.

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States “rethinking” collateral consequences? Vera Institute jumps the gun

The Vera Institute has published a new report that claims states are “rethinking” collateral consequences through enactment of laws intended to mitigate their impact.  The report (Relief in Sight? States Rethink the Collateral Consequences of Criminal Conviction, 2009-2014) includes an excellent introduction to the issues, helpfully categorizes different types of relief measures, and makes a number of useful recommendations for future reform.

However, the report seems unduly sanguine in suggesting that wholesale dismantling of the regime of collateral penalties is just around the corner, or that reforms of the past five years augur a sea change in public attitudes.  Of greater practical concern, the report has methodological shortcomings that limit its usefulness as a research and advocacy tool.

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“Justice Is Swift as Petty Crimes Clog Courts”

In a recent national study of case processing in the nation’s misdemeanor courts, Wall Street Journal reporters Gary Fields and John Emschwiller document how “blindingly swift” justice is for the “millions of Americans charged each year with misdemeanor crimes”:

In Florida, misdemeanor courts routinely disposed of cases in three minutes or less, usually with a guilty plea, according to a 2011 National Association of Criminal Defense Lawyers study. In Detroit, court statistics show, a district judge on an average day has over 100 misdemeanor cases on his or her docket–or one every four minutes. In Miami, public defenders often hardly have time to introduce themselves to their misdemeanor clients before the cases are over. . . . In a Houston courtroom one day recently, defendants–sometimes individually, sometimes in groups of up to nine . . . , pleaded guilty, received their sentences and got a “good luck” from the judge in less than 30 seconds.

It appears that very little has changed in the forty years since the Supreme Court in Argersinger v. Hamlin bemoaned the assembly line that characterized the processing of misdemeanor offenses at that time.  The Court noted:

Wherever the visitor looks at the system, he finds great numbers of defendants being processed by harassed and overworked officials.  Suddenly it becomes clear that, for most defendants in the criminal process, there is scant regard for them as individuals. They are numbers on dockets, faceless ones to be processed and sent on their way.” (emphasis added)

The Argersinger Court noted that uncounseled defendants were pleading guilty, often at their initial appearance before a judge, and that there were harmful consequences that flowed from convictions of even so-called minor crimes.  To remedy the national crisis in misdemeanor courts that existed even in the 1970s, the Court held that the Gideon right to Read more

“One Strike and You’re Out:” Center for American Progress reports on criminal records policy

CAPREPORTEarlier this week, the Center for American Progress published a new report on the effect of the proliferation of criminal records in a nation of mass incarceration and criminalization. The report (“One Strike and You’re Out: How We Can Eliminate Barriers to Economic Security and Mobility for People with Criminal Records”) explores the debilitating effect that a criminal record – including records for relatively minor offenses and for arrests that did not result in a conviction – can have on an individual’s access to housing, public assistance, education, family stability, and, in turn, their prospects for economic stability. The report’s authors are Rebecca Vallas of the Center for American Progress’s Poverty and Prosperity Program, and Sharon Dietrich of Community Legal Services of Philadelphia (and of our own CCRC Board).

The report makes the point that the proliferation of criminal records, and the ease with which they can be accessed, harms not only individuals but society as a whole. The collateral consequences of a criminal record result in employment losses of $65 billion a year in GDP according to one study cited. Another study estimates that the national poverty rate would have dropped by 20 percent between 1980 and 2004 if not for mass incarceration and the accompanying criminal record crisis. The report notes that the war on drugs and the “criminalization of poverty” has resulted in a disproportionately high incidence of justice system contact in communities of color. Criminal records are thus both a cause of poverty and a consequence of poverty.

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