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Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
Debt To Society: The Role Of Fines & Fees Reform In Dismantling The Carceral State, Wesley Dozier, Daniel Kiel
University of Michigan Journal of Law Reform
Fines and fees that result from contact with the criminal legal system serve as a suffocating debt for those against whom they are assessed. Many states have countless laws that require taxes, fines, and fees to be assessed against individuals involved in the criminal legal system at various stages of the criminal legal process, and they have the effect of permanently trapping individuals within the system. In Tennessee, for example, these debts, which can accumulate to over $10,000 in a single criminal case, stand in the way of individuals getting their criminal records expunged, keeping valid driver’s licenses, and restoring …
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
The Effect Of Expungement On Removability Of Non-Citizens, James A.R. Nafziger, Michael Yimesgen
University of Michigan Journal of Law Reform
For most of the twentieth century, a non-citizen was generally not subject to removal on the basis of a criminal conviction which had been expunged by the state that rendered the conviction. During that time, the definition of a "conviction" for purposes of immigration law was borrowed from the law of the state which rendered the criminal conviction. In the Illegal Immigration Reform and Immigrant Responsibility Act (IRIRA) of 1996 Congress sought to provide a more uniform definition of the term "conviction" sufficient to justify an order of removal under the immigration law. The IIRIRA does not mention expungement, however. …
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
University of Michigan Journal of Law Reform
Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …