What should be done with minors who kill, maim, defile, and destroy the lives of others? The state of Texas deals with some of its most serious and violent youthful offenders through “determinate sentencing,” a unique sentencing structure that blends parts of the juvenile and adult justice systems. Once adjudicated via determinate sentencing, offenders are first incarcerated in the Texas Youth Commission (TYC). As they approach age eighteen, they are either transferred to the Texas prison system to serve the remainder of their original determinate sentence or released from TYC into Texas’s communities.
The first long-term study of determinate sentencing in Texas, Lost Causes examines the social and delinquent histories, institutionalization experiences, and release and recidivism outcomes of more than 3,000 serious and violent juvenile offenders who received such sentences between 1987 and 2011. The authors seek to understand the process, outcomes, and consequences of determinate sentencing, which gave serious and violent juvenile offenders one more chance to redeem themselves or to solidify their place as the next generation of adult prisoners in Texas. The book’s findings—that about 70 percent of offenders are released to the community during their most crime-prone years instead of being transferred to the Texas prison system and that about half of those released continue to reoffend for serious crimes—make Lost Causes crucial reading for all students and practitioners of juvenile and criminal justice.
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality.
Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification.
A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time.
A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
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