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California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional
by Douglas Ankney
On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot pay a fine and court fees is the defendant’s poverty, then using the criminal process to collect the fine and ...
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More from this issue:
- Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
- News in Brief
- Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
- Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
- Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
- San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
- Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
- Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
- Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
- Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
- SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
- Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
- Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
- Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
- Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
- Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
- Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
- Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
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- Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score, by Matthew Clarke
- Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
- California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
- Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
- U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
- Cops Are At War Out There, by Jacobin, Brian Platt
- New York Mass Bail Out Action Targets Bail System Manipulation, by Virginia Griese
- From the Editor, by Richard Resch
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Pennsylvania County Forgives $65 Million in Jail Pay-to-Stay Fees, March 1, 2025. Seizure of Prisoner Funds, Booking Fees.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- Former Connecticut Prisoner’s Challenge Proceeds Against “Pay-to-Stay” Fees, Sept. 15, 2023. Seizure of Prisoner Funds, Booking Fees, Constitutional Challenges/Law.
- Arizona Exploiting Prisoner Labor for Profit, June 22, 2023. Prison Labor, Constitution, U.S., Constitutional Challenges/Law.
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, Feb. 1, 2023. Filing Fees, 42 U.S. Code § 1983, civil action for deprivation of rights, Amendments to Petition.
- Kentucky Supreme Court Rules ‘Incarceration Fees’ May Not Be Collected After Charges Are Dismissed, June 1, 2022. Booking Fees, Reimbursement of Costs, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, Jan. 15, 2022. Bond Fees, Revocation Proceedings.
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, Nov. 15, 2021. Sex Offender Registration, Juveniles, Constitution, U.S..
- California First State to Eliminate Post-Prison Fees, Dec. 1, 2020. Booking Fees, Indigent Defendants - Fees and Expenses.