Tuesday, 15 May 2018

FINES AND FEES ARE INHERENTLY UNJUST - New Zealand Justice System Totally corrupt series.


Fining people equally hurts some people far more than others, undermining the justifications of punishment…

Being poor in New Zealand generally involves having a portion of your limited funds slowly siphoned away through a multitude of surcharges and processing fees. It’s expensive to be without money; it means you’ve got to pay for every medical visit, pay to cash your checks, and frankly, pay to pay your overwhelming debts. It means that a good chunk of your wages will end up in the hands of the payday lender and the landlord. (It’s a perverse fact of economic life that for the same property, it often costs less to pay a mortgage and get a house at the end than to pay rent and end up with nothing. If I am wealthy, I get to pay $750 a month to own my home while my poorer neighbour pays $1,500 a month to own nothing.) It’s almost a law of being poor: the moment you get a bit of money, some kind of unexpected charge or expense will come up to take it away from you. Being poor often feels like being covered in tiny leeches, each draining a dollar here and a dollar there until you are left weak, exhausted, and broke.
One of the most insidious fine regimes comes from the government itself in the form of fines in criminal court, where monetary penalties are frequently used as punishment for common misdemeanours and ordinance violations. Courts have been criticized for increasingly imposing fines indiscriminately, in ways that turn judges into debt collectors and jails into debtors’ prisons. The Department of Justice found that fines and fees in certain courts were exacted in such a way as to force “individuals to confront escalating debt; face repeated, unnecessary incarceration for non-payment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape.” A new report from Policy Link confirms  that “Wide swaths of low-income communities’ resources are being stripped away due to their inability to overcome the daunting financial burdens placed on them by state and local governments. There are countless stories of people being threatened with jail time for failing to pay fines for “offenses” like un-mowed lawns or cracked driveways.
Critics have targeted these fines because of the consequences they are having on poor communities. But it’s also important to note something further. The imposition of flat-rate fines and fees does not just have deleterious social consequences, but also fundamentally undermines the legitimacy of the criminal legal system. It cannot be justified – even in theory.
I work as a criminal defence attorney, and I have defended both rich and poor clients (mostly poor ones). Many of my clients have been given sentences involving the imposition of fines. For everyone, regardless of wealth, if a fine means less (or no) jail time, it’s almost always a better penalty. But, and this should be obvious, fines don’t mean the same thing to different people. For my poor clients, a fine means actual hardship. In extreme cases, it can mean a kind of indenture, as the reports have pointed out. If you make $1,000 a month, and are trying to pay rent and support yourself, a $500 fine means a lot. It means many months of indebtedness as you slowly work off your debt to the court. It might mean not buying clothes for your child, or forgoing necessary medical treatment.
Of course, the situation changes if you’re wealthy, or even middle-class. You write the check, you leave the court, the case is over. For my wealthy clients, a fine isn’t just the best outcome, it’s a fantastic outcome, because it means the crime which you are alleged to have committed has led to no actual consequences that affect you in a substantive way. You haven’t had to make any sacrifices – your life will look precisely the same in the months after the fine was imposed as it did in the months before. Wealthy defendants want to know: “What can I pay to make this go away?” And sometimes paying to make it go away is exactly what they can do as courts will often accept pre-trial fines in exchange for dismissal.
As I said, it’s not news that it’s harder to pay a fine if you’re poor. But the implications of this are rarely worked all the way through. For if it’s true that the punishment prescribed by law hurts one class of defendants far more than it hurts another class of defendants, then the underlying justification for having the punishment in the first place is not actually being served, and the basic principle of equality under the law is being undermined


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