• Skip to main content
  • Skip to primary sidebar
  • Home
  • Categories
  • Authors
  • Print Versions
  • About
  • Masthead
    • 2022-2023
    • 2016-2017

The Bowdoin Review

Offender-Funded Justice

Written by: Serena Taj
Published on: April 17, 2015

Journalists and human rights organizations have closely documented the correlation between poverty and prison time. The United States, largely as a result of its mass incarceration policies, boasts the largest prison population in the world, and a disproportionate segment of this population has lived beneath the poverty line. Moreover, researchers have demonstrated that convicted felons face severe limits on earning potential after being released –a trend that often inspires ruthless patterns of recidivism. Recently, however, attention has also been drawn to the ways in which the justice system exploits the poor in response to exceptionally minor offenses that do not warrant prison time.

The War on Crime of the 1970s and the War on Drugs of the 1980s launched a funneling of resources, financial and otherwise, to American law enforcement agencies and prisons in order to buttress policies of mass incarceration. However, the court system, particularly at the municipal level, did not benefit from such an influx of support. The result of this disparity has been what some have termed “an offender-funded justice system” that unfairly burdens America’s poorest citizens.

The story of Thomas Barrett is emblematic of this particular manifestation of wealth-based inequality in the justice system. Mr. Barrett, 53, was arrested in April of 2012 for the theft of a $2 can of beer from a convenience store in Augusta, Georgia. Homeless and unable to pay the $200 court fine, Mr. Barrett was placed under the probationary supervision of Sentinel Offender Services, a private firm, for 12 months. During this time, he was ordered to pay the fine in installments and to wear an electronic monitoring anklet.

Mr. Barrett could not afford to pay the $80 startup fee that Sentinel demanded for the monitoring device, and spent over a month in jail as a result. Upon his release from prison, Mr. Barrett was required to pay Sentinel $400 each month—$40 in probation fees and $360 for the cost of the monitoring anklet. He was able to secure nearly $300 each month by selling his blood plasma on a biweekly basis until his deteriorating health prevented him from doing so.

Despite his efforts, at the end of one year he found himself in nearly $1,000 of debt after his initial offense of stealing a $2 can of beer. At this point, Sentinel threatened to have him jailed once again—not for his original crime, but for his inability to meet the demands of the payment system.

Fortunately for Mr. Barrett, his case attracted the interest of an Augusta attorney who has been working to challenge the legality of Sentinel’s payment collection methods. But Mr. Barrett’s case is far from unusual. Mr. Barrett is one of thousands of American citizens who are faced with accumulating court fees and the threat of jail if they are unable to pay those fees. Someone in a better financial situation than Mr. Barrett, having committed the same crime, would have paid the $200 fine and moved on with his or her life. Compared to the case of Mr. Barrett, who had to sell his bodily fluids in order to keep up with steadily mounting fees, how has such a payment structure been able to perpetuate itself in a system that claims to promote equal justice for all?

In efforts to ensure a functioning court system in the absence of proper funding, municipal districts have resorted to imposing fines on those who become involved in the courts. Some of the fees imposed upon offenders include pre-trial incarceration fees, public defender application fees, and probation fees. For those have the resources to pay these fines, the financial burden imposed upon them is contained. But for those who cannot afford to pay for these mandatory “services”, additional fines are imposed, such as interest fees and late fees—in other words, poverty penalties.

Thus, not only do court-imposed fees unfairly burden the indigent in terms of income proportionality, but they also serve as a thinly-veiled poor tax for those who are forced to decide that feeding their children is more important than fulfilling a bureaucratic function. In these scenarios, the poorest of offenders often find themselves in vicious cycles of debt, not unlike Mr. Barrett did.

These consequences are not limited to those in the financial realm, which are certainly devastating in their own right. Public defender application fees often deter indigent offenders from seeking legal representation. In Gideon v. Wainwright (1963), the Supreme Court of the United States ruled that all persons, regardless of income, are entitled to legal representation in criminal cases. Nonetheless, people who cannot afford to pay these application fees often choose to forego legal counsel. This is a decision that can have brutal repercussions in a legal system that is built upon inaccessibility to the layperson. When Mr. Barrett was first arrested, he chose not to pay the $50 fee that was required to apply for a public defender. This is a decision, he says, that he now regrets.

The legality and ethics of offender-funded justice continue to be debated. The fiscal gap between law enforcement and the court system is undeniably vast and places a severe burden on municipal districts, leaving them with difficult decisions to make. However, what is immediately clear is that offender-funded justice in its current state unfairly disadvantages America’s poor. It is time for municipalities to recognize that this system, which consciously prevents lower-income Americans from receiving the fair and proportional punishment that they are entitled to, is neither a sustainable nor an acceptable solution.

Categories: United StatesTags: Justice

Primary Sidebar

Recent Posts

  • Why South Africa Remains Unequal Thirty Years After Apartheid May 7, 2024
  • Skeptical of September February 8, 2024
  • Waterwheel February 7, 2024
  • Nineteen February 7, 2024
  • D.C.’s Most Expensive Retirement Home: Congress    February 7, 2024
  • Instagram

Archives

  • May 2024
  • February 2024
  • October 2023
  • April 2023
  • February 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • May 2022
  • April 2022
  • February 2022
  • December 2021
  • November 2021
  • April 2021
  • March 2021
  • February 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • April 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • August 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • December 2016
  • November 2016
  • October 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • May 2015
  • April 2015
  • December 2014
  • October 2014
  • April 2014
  • March 2014
  • December 2013
  • November 2013
  • February 2012

Copyright © 2025 · The Bowdoin Review - A voice on campus for politics, society, and culture.