How the Use of Fees, Fines and Bail Have Been Used to Criminalize Poverty: Can Reforms Help Put the Genie Back in the Bottle?

Authors

Thomas Allan Heller
University of Maribor, Faculty of Law

Synopsis

The rallying cry of many American politicians is Law and Order. This tactic wins votes. As a result of its Wars on Crime, Drugs, and the Impoverished, America has the highest rate of incarceration in the world. This article explores how, over the past few decades, politicians have charged criminal defendants every imaginable fee and fine as they wind their way through the criminal justice system in order to fund the massive prison complex that the politicians do not want to tax Americans for. These tactics have criminalized poverty, as they disproportionately impact the most marginalized in American society. These abusive and unfair tactics have drawn scrutiny from policymakers in recent years, including the American Bar Association, which adopted stringent guidelines to help inform policymakers of this critical problem in an effort to reign in the abusive use of fees and fines. The paper discusses recent reforms, many at the urging of the Department of Justice, Office for Access to Justice, in conjunction with the ABA. It discusses the main Supreme Court cases that considered the Excessive Fines Clause of the Eighth Amendment.

Author Biography

Thomas Allan Heller, University of Maribor, Faculty of Law

Thomas Allan Heller is an American legal expert who earned his legal education at the University of Michigan, Ann Arbor (Michigan, 1976) and obtained his J.D. from Wayne Law School in Detroit (Michigan, 1979). He successfully passed the Michigan State Bar Exam in 1981 and the Washington State Bar Exam in 1984. His professional career includes work both in the judiciary and in private legal practice. In 2017, he moved with his family to Maribor, where he established strong and successful ties with the Faculty of Law at the University of Maribor (PF UM). Through his collaboration with the faculty, Thomas Allan Heller made a significant contribution to the dissemination of knowledge about the American legal system in Slovenia. His involvement particularly enriched the teaching process at PF UM, offering students valuable insights into comparative and U.S. law. Thomas Allan Heller is also a key initiator of the now flourishing partnership between Wayne State University and PF UM. His academic work includes a range of scholarly articles published in respected Slovenian journals such as Lexonomica, Medicine, Law & Society, and Pravnik, further solidifying his role in fostering legal scholarship and international academic cooperation.

Maribor, Slovenia. E-mail: heller6651@msn.com

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Volume

Collected Papers of Thomas A. Heller

Pages

147-190

Published

July 14, 2025

Categories

Copyright (c) 2025 University of Maribor, University Press

License

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

How to Cite

Heller, T. A. (2025). How the Use of Fees, Fines and Bail Have Been Used to Criminalize Poverty: Can Reforms Help Put the Genie Back in the Bottle?. In S. Kraljić (Ed.), Collected Papers of Thomas A. Heller (pp. 147-190). University of Maribor Press. https://press.um.si/index.php/ump/catalog/book/977/chapter/737