Criminalization of poverty
The criminalization of poverty refers to the systemic practices and policies that disproportionately penalize individuals for behaviors associated with their economic status. This phenomenon manifests through various legal and social mechanisms that enforce penalties on those who are unable to meet basic needs due to poverty, leading to a cycle of criminalization and further marginalization.[1][2] Examples include fines and fees that the person is unable to pay,[3] anti-homelessness laws and actions,[4] and interconnections between welfare and criminal law.[5]
In the United States
[edit]In 2024, the United States Supreme Court held in City of Grants Pass v. Johnson that an ordinances that criminalized camping on public property was constitutional.
In 2025, the Fremont, California city council voted to criminalize ‘aiding’ and ‘abetting’ homeless camps.[6][7] The ordinance was later revised removing the clause that could have punished those “aiding and abetting” encampments.[8]
Fees and Fines
Fines in the justice system are frequently understood as the consequences for offenses such as minor traffic violations or in addition to short prison sentences. Fees are the payments for access to certain services such as a phone call while in custody or for a court reporter at a hearing.[9] Some states use fees to fund state programs, such as the Fish and Game Preservation Fund in California.[10] If these fines and fees are not able to be paid immediately, the cost increases through the imposition of interest and late payment fees. If these debts go unpaid for long enough, many states are able to jail those who owe money.[9] In 2019, more than half of the people arrested and booked made less than $10,000 a year individually, meaning those with the least amount of money are fined more often.[11]
See also
[edit]References
[edit]- ^ Larrison, Christopher R. (2020). "The Criminalization of Poverty". Social Work, Criminal Justice, and the Death Penalty (1st ed.). New York: Oxford University Press. ISBN 978-0-19-093723-2.
- ^ Edelman, Peter (2022). "Criminalization of Poverty: Fines, Fees, Money Bail and Much More". The Routledge Companion to Media and Poverty (1st ed.). New York: Routledge. p. 11. doi:10.4324/9780429291333-37. ISBN 9780429291333.
- ^ Pager, Devah; Goldstein, Rebecca; Ho, Helen; Western, Bruce (2022). "Criminalizing Poverty: The Consequences of Court Fees in a Randomized Experiment". American Sociological Review. 87 (3): 529–553. doi:10.1177/00031224221075783. S2CID 247038184.
- ^ Herring, Chris; Yarbrough, Dilara; Marie Alatorre, Lisa (2019). "Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness". Social Problems. 67 (1): 131–149. doi:10.1093/socpro/spz004.
- ^ Gustafson, Kaaryn (2008–2009). "The Criminalization of Poverty". Journal of Criminal Law and Criminology. 99 (3): 643.
- ^ "California city criminalizes 'aiding' and 'abetting' homeless camps | CNN". lite.cnn.com. Retrieved 2025-03-09.
- ^ Kendall, Marisa (2025-02-13). "California city makes 'aiding' or 'abetting' a homeless camp illegal". CalMatters. Retrieved 2025-03-09.
- ^ Procter, Richard (2025-03-05). "Bay Area city backs down after proposing ban on 'aiding and abetting' homeless encampments". CalMatters. Retrieved 2025-03-09.
- ^ a b Foster, Lisa (November 2020). "The Price of Justice: Fines, Fees and the Criminalization of the Poverty in the United States". University of Miami Race & Social Justice Law Review. 11 (1): 1–32.
- ^ "Report 2017-126". information.auditor.ca.gov. Retrieved 2025-11-30.
- ^ Initiative, Prison Policy. "Arrest, release, repeat: How police and jails are misused to respond to social problems". www.prisonpolicy.org. Retrieved 2025-11-30.
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Further reading
[edit]- Curto, Goergina; Kiritchenko, Svetlana; Nejadgholi, Isar; Fraser, Kathleen C. (2023). "The crime of being poor". arXiv:2303.14128 [cs.CL].
- Edelman, Peter (2019). Not a Crime to Be Poor: The Criminalization of Poverty in America. The New Press. ISBN 978-1-62097-553-4.
- Gustafson, Kaaryn S. (2011). Cheating Welfare: Public Assistance and the Criminalization of Poverty. NYU Press. ISBN 978-0-8147-3291-5. JSTOR j.ctt9qfttq.
- Wacquant, Loïc (2009). Punishing the Poor: The Neoliberal Government of Social Insecurity. Durham: Duke University Press. ISBN 978-0-8223-4422-3.