"Taxation by Citation"

Brian Doherty writes in Reason,

Relying on Petty Fines To Fund City Government Can Have Serious Consequences
"Taxation by citation" harms the harmless and destroys trust in civic institutions.

Burdening the poor with vexatious fines—which potentially lead, if people are unable to pay their fines, to imprisonment—is bad for society. A new study from the Institute for Justice, "The Price of Taxation by Citation," demonstrates the serious consequences not just for unfortunate citizens who have harmed no one, but for civic peace in general.

The study focuses on three Georgia cities that derive 14 to 25 percent of their revenue from such fines and fees: Morrow, Riverdale, and Clarkston. (The average for the state is more like 3 percent.)

...The cities have small population bases on which to prey, ranging from 7,500 to 16,500. They are fined, among other things, for "traffic tickets…for non-speeding violations, such as expired tags, lane violations, illegal U-turns, parking violations and window tinting, among numerous others," as well as "trivial infractions…dominated almost entirely by offenses like being in a park after closing, violating leash laws and not walking on sidewalks."

The phenomenon, which the authors call "taxation by citation," "(1) creates conflicts of interest, (2) distorts law enforcement priorities and (3) violates the rights of poor people." When, as often happens, these citations fees fund the very municipal courts that levy them, that gives judges a pretty direct "personal interest in cases they decide, and municipalities should not have a financial interest in obtaining convictions." Federal courts have found such practices constitutionally problematic.

In addition, "prosecutors' duty to exercise their discretion neutrally can also be compromised if their office has a financial stake in convicting people."

Read more here.