CJ 571 Midterm Essay(3)
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MET CJ 571 Midterm
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Fines and Fees Justice Center
Metropolitan College, Boston University
MET CJ 571-Criminal Justice Administration & Ethics
Course Instructor: Dr. Robert Cadigan
Course Facilitator: Mark Napier
June 5, 2023
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Introduction
Fines and Fees are a central part of the criminal justice system. Across the nation, state and local governments impose fines as monetary punishments for infractions, misdemeanors, and
felonies. The intent is to make violators and criminals pay for their actions and deter others from committing similar offenses (Teigen, 2020). However, many Civil Rights Organizations argue that such measures are discriminatory and have devastating financial impacts on Americans, particularly low-income families. One organization that denounces such practices is the Fines & Fees Justice Center, also known as FFJC. The organization asserted that research found that court fines and fees disproportionately affect low-income individuals, particularly communities of color (FFJC, 2023). FFJC Mission
The Fines and Fees Justice movement's mission is to work with impacted communities, researchers, advocates, legislators, and criminal justice system stakeholders to promote a fair and
equitable justice system. The organization operates nationwide and mainly focuses on eliminating unjust court fines on low-income defendants. According to FFCJ, court fines are unjustly imposed on poor people who, in part, face an array of consequences for failing to pay the penalties, such as additional fees, license suspensions, loss of voting rights, arrest, and jail, among others (FFCJ, 2023). FFCJ (2023) maintains that it strives to promote an equal justice system for all, where everyone, particularly underrepresented communities, is treated fairly. Fines and Fees Devastating Impacts on the Lives of Low-Income Offenders.
FFCJ (2023) further states that court fines and fees affect low-income communities and people of color in several ways. First, these fines can deepen the economic situation of low-
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income individuals. They can cause more harm than good, creating a cycle of punishment and poverty. Second, those fines put people in perpetual debt and forced families to live in poverty. Others who cannot pay the fines may need to frequently go to court to explain the issue, which can negatively affect their employment. These individuals also face imprisonment and can lose their homes and children (FFJC, 2023). In simple terms, FFJC (2023) reasons that the movement encourages the criminal justice system to reexamine and reform court fines and fees because they
have significantly impacted low-income defendants. FFCJ (2023) maintains these exorbitant court fees and fines are used to generate revenues
to fund the criminal justice system at the expense of low-income offenders. In addition, FFCJ (2023) also raises concern over the purpose of those court fines and fees and the worry that the justice system is delivering justice based on economic status. The idea here is that two types of justice are being served, one for the wealthy and one for the poor. Teigen (2020) asserts that when punishment is determined by economic status, it questions the justice system's impartiality,
fairness, and equality. It means that those who cannot afford to pay will be treated differently than those who can. Hence, FFCJ argues and demonstrates that imposing excessive fines and fees can have adverse outcomes on low-income communities, and such measures used by local and state governments as revenue generators undermine the integrity of the criminal justice system to provide equal justice for all. Initiatives launched by FFCJ, Free-to-Drive & End Justice Fees
Furthermore, some of the initiatives the FFCJ has launched are free to drive and end justice fees. The free-to-drive campaign intends to raise awareness of the impact of driver’s license suspensions on Americans, particularly Black Americans. According to FFCJ (2023),
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many states have laws to suspend, revoke, or refuse to renew driver’s licenses due to unpaid court fines and fees related to tolls, traffic violations, misdemeanors, and felonies. The organization contends that driver’s license suspensions result in a cycle of poverty and punishment, causing individuals to make ends meet while figuring out how to pay debt-related driving restrictions (FFCJ, 2023). In different terms, the free-to-drive movement is meant to educate the stakeholders in the criminal justice system about the catastrophic effects of suspending people's driver's licenses. Indeed, FFCJ (2023) maintained that research showed that 86% of Americans drive to work, and most employers require a driver’s license to enter the workforce. In other words, people may struggle to go to work or find a job when they do not have an active driver’s license. Such an unfortunate circumstance limits people’s access to travel to places, leading to loss of income, a lack of economic growth, and not being able to make enough money to pay off debts. FFCJ (2023) also reports that debt-based license restrictions seriously affect people’s livelihoods and cut economic growth. In sum, FFCJ launched this free-to-drive campaign because driving suspensions create no public safety risks and cause unnecessary hardships for those with limited means. End Justice Fees Campaign
Another initiative launched by the FFCJ is the end justice fees campaign, demanding to eliminate many required fees, such as traffic tickets, probation, and public offender fees, just to list a few, in the criminal justice system. According to FFCJ (2023), justice fees are hidden taxes that the governments charge defendants when they enter the criminal justice system. Whether you are guilty or innocent, these court fees must be paid (FFCJ, 2023). As previously stated, when these financial obligations are not immediately paid, it can lead to license suspension,
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arrest, or jail. FFCJ (2023) adds that these court fees serve no justice purposes other than raising government revenue. A 2022 article by the American Civil Liberties Union (ACLU) states that “justice fees are a hidden, regressive tax that harshly punishes hard-working families living paycheck to paycheck” (Dindial, 2022, p.1). The author continues to argue that the fees widen the prevalent problem of racial and economic disparities pervading in the criminal justice system since most individuals who must pay these fees are low-income families, particularly people of color (Dindial, 2022). In different terms, justice fees used to generate revenue in the justice system disproportionately affect low-income people and communities. Organizations like FFCJ and ACLU launched the campaign to support the end of these unjust court fees imposed by the government on people who enter the justice system to seek justice and find themselves in a debt trap. Are the use of fines and fees an example of a lack of ethics in criminal justice? Explain your
position using evidence and logic.
The use of fines and fees displays a lack of ethics in criminal justice systems because such measures bring massive revenues to governments at the expense of low-income offenders. As previously stated, the sole purpose of fines and fees is to raise revenues for governments (FFCJ, 2023). When low-income defendants are forced to pay expenses while seeking justice, it shows a lack of ethical leadership in the criminal justice system. Mastrorilli (2021) asserts that ethical leadership is critical to the justice system’s legitimacy. Ethical justice leaders are committed to safeguarding human rights, respecting civil liberties, and keeping communities safe
(Mastrorilli, 2021). In other words, justice leaders should focus on implementing laws, ideas, and
ethical values that are truthful, transparent, and fair. It seems morally wrong when people must choose between putting food on their tables and paying off debt-based license restrictions due to
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fear of losing their driver’s license, getting arrested, or going to jail. As Mastrorilli (2021) puts it,
profitability increases competition and creates a concern for ethical conduct. Indeed, when economic status becomes an integral factor in serving and providing justice, it deviates from the norms and goals of the criminal justice system to provide equal justice to all. For instance, in a study conducted by FFCJ and Wilson Center for Science and Justice (2023), 86% of the respondents reported that traffic tickets were the main reason for being assessed for fines and fees. About 20% said their costs were tied to civil infractions, city code violations, and other court processes (FFCJ & Wilson Center for Science and Justice, 2023). FFCJ (2021) argues that law enforcement officers spend valuable time citing, stopping, and arresting people for driving on a suspended license due to unpaid fines and fees. Still, they spend
less time investigating and focus on crimes that endanger people’s lives. Indeed, this issue in policing can be explained through the socialization and subculture within police departments. Often, new officers rely on and follow the advice of experienced police officers to protect and keep themselves safe (McCartney, 2015). In some instances, when there is a solid deviant subculture within a police department, experienced officers may actively or passively teach unethical behaviors to new officers (McCartney, 2015). In fact, in an installment called “The Police Quota System” by The Daily Show with Trevor Noah, multiple News outlets (PBS News, FOX News, CBS This Morning, FOX 46, WCVB-TV Boston, and FOX 5, among others) reported that several police departments across the country utilized the “Quota System” to force police officers to issue specific amount tickets a
day. Christy Lopez of PBS NewsHour maintained that police had conducted over 20 million traffic stops a year, and many of those stops had nothing to do with public safety. Police commanders often push their officers more on writing out tickets than investigating crimes (as
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cited by The Daily Show With Trevor Noah, 2021). The News outlets reported that most officers
are against such an absurd practice, arguing that they got into policing to protect and serve the public. These staggering reports show law enforcement agencies can face ethical issues. It also showed how law enforcement action could be amoral. Amoral “refers to being unconcerned with
the rightness or wrongness of actions” (Cadigan, Module 4, 2023, p.16). Hence, the point is that both managers and experienced officers can pass on unethical conduct and values to new police officers. Conclusion
To conclude, hearing about these actions and practices done by law enforcement across the country raises serious concerns about a lack of ethical values. It also raises questions about what police recruits are being taught to do on the streets. McCartney (2015) asserts that police academy training operates with a paramilitary style and values, strictly about solidarity and loyalty. When new officers begin to work, there can be a shift in their ethical values where they start learning any negative qualities established in their police department (McCartney, 2015). In other words, it could have been why many police officers reported in the media above adhered to
their organization’s unethical values and conduct. Hence, it shows that revenue and profitability can epitomize a lack of ethics in criminal justice. Law enforcement’s primary responsibility is to serve and protect the public, not to utilize them as revenue generators. In this regard, the work of organizations like FFCJ and several others is significant to ensure that criminal justice operates with integrity and provides equal justice for all. Hence, as McCartney (2015) puts it, pervasive culture in the criminal justice system should be closely monitored and examined, and “attempts should be made to neutralize it.”
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References
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Cadigan, R. (2023). Module 4: Leadership, Stress, & Motivation. Boston University, Blackboard. American Civil Liberties Union, Retrieved from https://www.aclu.org/news/smart-justice
/hidden-taxes-dont-belong-anywhere-least-of-all-in-
our-justice-system
Dindial, E., R. (2022). Hidden Taxes Don't Belong Anywhere, Least of All in Our Justice System. Fines & Fees Justice Center. (2023). Every year fines and fees devastate the lives of millions of Americans. Retrieved from https://finesandfeesjusticecenter.org/about-fines-fees-justice- center/
Fines & Fees Justice Center & Wilson Center for Science and Justice. (May, 2023). Debt Sentence: How Fines and Fees Hurt Working Families, Retrieved from https://finesandfeesjusticecenter.org/content/uploads/2023/05/Debt_Sentence_FFJC-
Wilson-Center-May-2023.pdf
Mastrorilli, M. E. (2021). Inside the Criminal Justice Organization (2nd ed.). Cognella, Inc.. https://bookshelf.vitalsource.com/books/822452A
McCartney, S. (2015) Ethics in law enforcement. Vancouver, British Columbia, BCcampus. https://opentextbc.ca/ethicsinlawenforcement/
.
Teigen, A. (2020). Assessing Fines and Fees in the Criminal Justice System. National Conference of State Legislature
, retrieved from https://documents.ncsl.org/wwwncsl
/Criminal-Justice/Fines-and-Fees_v02.pdf
The Daily Show With Trevor Noah. (October 27, 2021). The Police Quota System. Retrived from The Police Quota System - If You Don’t Know, Now You Know | The Daily Show
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