Key Terminology C

What is criminalization of poverty?

Criminalization of poverty is how laws and policies punish people for being poor, through fines, fees, cash bail, debt-related arrests and bans on survival activities. It traps low-income people, who are disproportionately Black and Latino, in cycles of debt and incarceration.

Courts and local governments charge fines and fees for traffic tickets, court costs, probation supervision and jail stays. People who cannot pay may face late fees, suspended driver's licenses or arrest warrants. The Supreme Court ruled in Bearden v. Georgia (1983) that people cannot be jailed for failing to pay without an inquiry into ability to pay, but the practice persists.

The Justice Department's 2015 investigation of Ferguson, Missouri, after the police killing of Michael Brown showed how this works. The city pushed police to raise revenue, and the municipal court collected $2.46 million in fines and fees in fiscal 2013. Black residents bore the brunt of the stops, tickets and warrants.

Other examples include cash bail, drug testing for public benefits, and laws against sleeping outside. Each turns lack of money into a legal problem, deepening the racial wealth gap.

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