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November 14, 2023
"Laffer’s Day in Court: The Revenue Effects of Criminal Justice Fees and Fines"
The title of this post is the title of this new article now available via SSRN authored by Samuel Norris and Evan Rose. Here is its abstract:
Many jurisdictions levy sizable fines and fees (legal financial obligations, or LFOs) on criminal defendants. Proponents argue LFOs are a “tax on crime” that funds courts and provides deterrence; opponents argue they do neither. We examine the fiscal implications of lowering LFOs. Incentives to default generate a “Laffer” curve with revenue eventually decreasing in LFOs. Using detailed administrative data, however, we find few defendants demonstrably on the right-hand side of the curve. Those who are tend to be poor, Black, and charged with felonies. As a result, decreasing LFOs for the average defendant would come at substantial cost to governments.
November 14, 2023 at 05:21 PM | Permalink
Comments
Some societies make much heavier use of monetary penalties than we do in the West. For example, in some Muslim societies, one can buy one's way out of punishment for a murder if the victim's family agrees to the price.
I think that's going to far. But from a utilitarian point of view, it might make sense to allow a wealthy murder defendant to pay enough to become poor in return for a promise of release if they live to an advanced age. This could be better for all parties than spending their fortune on a hopeless defense.
Unfortunately, it would also fly in the face of American ideals.
Posted by: William C Jockusch | Nov 15, 2023 8:28:36 PM
