By Leah Nelson, Sarah Picard, and Peter Jones

Wisely evaluating arrest-, prosecution- and incarceration-related fines and fees, which are assessed in nearly every traffic and criminal case where the defendant is found guilty — and even in some cases where they are not — is a kaleidoscopic endeavor. This is partly a criminal justice question: Fines are meant as punishment, and fees are framed as the cost of “using” the system. But since they cumulatively result in revenue that’s used in much the same way tax dollars are, fines and fees can also be fairly viewed as a public finance matter.

Until about 10 years ago, fines and fees were rarely studied. But in the decade since a U.S. Department of Justice investigation of the Ferguson, Missouri Police Department surfaced grave questions about the fairness and constitutionality of fines and fees practices in that city, researchers have developed a body of evidence demonstrating that fines and fees are a pain point in jurisdictions across the country. Far from being a minor nuisance, fines and fees can add up quickly, hanging over low-income Americans like a dark cloud for years after they have left the justice system.

Now the question is how to responsibly go about reforming a system that implicates both municipal finance and public safety, two notoriously ticklish areas of public administration. Recent findings from a mixed-methods research collaboration out of Jefferson County, Ala., suggest that it is possible to improve compliance, accountability and efficiency without compromising the fair administration of justice.

In a 2024 special issue of Vital City devoted to the question, “Does Evidence Matter?” editors Elizabeth Glazer and Greg Berman wrote, “The relationship between academic research and the ‘real world’ of government work is a vexed one.”

It doesn’t have to be. Fees and fines are a great example of a realm where academic studies and public policy reform have been working in carefully coordinated tandem.

Consider the case of Jefferson County, whose county seat of Birmingham has historically played host to many courageous confrontations with unjust laws and administrative systems. Starting in the fall of 2021, sitting judges and other practitioners in the jurisdiction worked with a multidisciplinary group of researchers, including the three of us, to examine how fines and fees assessed at sentencing in criminal cases play out — and to devise practical, effective ways to improve the assessment and collections process. Less than two years later, this collaborative produced a pilot intervention designed to mitigate the harm of fines and fees on individuals without sacrificing revenue. Findings from this project suggest it’s possible that a relatively simple intervention can reduce debt burden, improve compliance and even increase revenue….

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