We all know how this argument goes. Someone suggests that we should reform some part of the criminal justice system. Five minutes later, two normally rational people are glaring at each other and utterly convinced the other person is out to wreck society. The weirdest part is that they usually agree on most of the issue – they may even agree on the nature of the problem – but the solution, not so much.
There’s the ‘but they are just misguided’ camp. These folks are convinced that not only are people basically good, but even those who commit heinous crimes just need to be understood – and maybe a cookie.
Then we have the ‘show no mercy’ camp. These folks don’t believe in mitigation and are convinced that the slightest soft heartedness towards criminals of any stripe will result in societal collapse. Even those who commit minor offenses should be met with the fullest extent of the law – and maybe a rope.
What strikes me as strange is that almost never are the two people who are yelling at each other genuinely entrenched in the extreme position. Those who believe in rehabilitation will concede that there is a need for justice. Those who believe in punitive action will concede that it should only be when the actual case justifies that action.
But they can’t talk to each other that way. And this is largely a media driven, take no prisoners approach which we see in way too many of our political discussions these days. Perhaps few so vehemently as the issues around criminal justice.
For today, let’s just deal with the regulatory violations only – and only those that have no direct negative impact. That just means the non-moving traffic violations, non-structural building violations and violations that don’t have a direct and apparent impact on public safety.
Hopefully, there are valid reasons these laws exist at all. In reality, that’s debatable. Laws can simply outlive their usefulness and others have no impact on the well being of other people. But we’ll leave those issues alone for today and just look at the impact of excessive enforcement of non-safety regulations.
Your tag is expired. You get pulled over and that’s a $150 ticket. But since you didn’t have money for the tag, you also didn’t have car insurance. Another $250. And a court date because it’s mandatory. So you go to court and get hit with those charges, too. You now owe $1000 to the city court – but you didn’t have the money for a tag renewal and liability insurance so you don’t pay what you don’t have. Now your license is suspended – but you have to work to make what little you do get paid so you drive to work. And get pulled over for an expired tag and…
The late fee the county gets when you show up the next time to renew your tag is usually less than $100. The car insurance you could have bought as soon as you had those funds would be around $20 – because let’s face it, you aren’t buying comprehensive coverage. The court fees were incurred only because the city decided to have their police act as county tax collectors.
So a short term financial problem has now been escalated to a major long term problem – and it doesn’t necessarily stop there. A number of states allow municipalities to inflict jail time for non-payment. Never mind that it’s unconstitutional – so says the US Supreme Court – you can’t afford a tag fee, how are you going to appeal to a higher court anyway?
What part of this is just? A car tag is just a form of taxation – literally, that’s what it is. the tag proves you paid your yearly tax on your car – period. You can’t trade in or sell the car without a current tag so eventually, even the most hardened of tag non-payers are going to have to show up to the probate office and pay the tag, the fee and next year’s tag. What reason does law enforcement have to involve itself in tax collection? Seriously, are any US counties getting ripped off so badly that they need to send the cops after people who forget to pay their tag fee?
For most middle class folks, this sounds far fetched – but it happens every day. Some states are a lot better than others but it happens all across the nation.
Let’s take your new house. The building inspector invites himself over and informs you that the house you just bought, that was built over a decade earlier, is too close to the property line. Then he hands you a ticket – with a promise of more to come. Better yet, you’re in New York. You have to pay that $3000 (yes, really) before you can get a building permit to make the changes that the city requires – but if the changes aren’t made in 30 days, you get hit with more fines – and you don’t have $3000…
This, too, happens all across the nation on a frighteningly regular basis (although to be fair, I think the Catch 22 building code is unique to New York – at least I hope so!). Minor infractions can include cracks in the driveway and other cosmetic issues – not gaping holes that pose a hazard but cosmetic cracks that don’t have a structural need for repair. And the fines can be hefty.
For someone making a decent income, this is annoying beyond belief – but for the poor, this can cost them homes, livelihoods and even their freedom. And it comes as no surprise to anyone that people who feel victimized – or who legitimately are victimized – by the judicial system don’t have much in the way of respect for that system – or the society that fosters it.
We see this in communities that explode into rioting and other violence at what seems to the outsider a minor or at least insufficient provocation. Part of the issue with the Ferguson riots was exactly this kind of pent up frustration at the injustices received at the hands of municipal and county justice.
Whether we come down on the rehabilitation or punitive action side of the equation, all of us agree that justice – the fairness of law and enforcement – must be a priority. Injustice inevitably comes back to haunt us all.
