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Greg Hawes's avatar

Yglesias: We should do things that are popular!

Also Yglesias: Robots will fine you for going 40 in a 35.

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ML's avatar

"high fines can interact with unrelated financial precarity to generate devastating consequences for relatively minor legal violations"

This point cannot be overemphasized. If anyone wants to see this in action go spend a morning in any traffic court. I am a usually non practicing attorney, but just before the pandemic I accompanied one of my kid's college age friends to court to help with what even the DA we met with thought was a BS ticket.

It was an awful, sad, and dispiriting spectacle to watch and participate in. Sitting there it felt almost medieval in the lack of justice, and in fact actual injustice, being meted out to an almost uniformly poor and lower middle class set of citizens. First, it takes a minimum of two separate trips if you want to do anything but just pay. So minimum 4-5 hours lost wages if you work a day time job. And sitting there it was clear that almost none of the charges being discussed were people who had done outrageously dangerous acts, most were things like missing taillights, expired plates, etc. Plus a lot of people appearing because they had failed to pay an initial $150 or $200 fine.

The minimum deal available to anyone was to pay the nearly $250 in "court costs" and provide proof that they had ameliorated the problem. I looked around and thought who in the world thinks any of these people have a spare $250 that if they give it to the court is not going to result in unpaid rent, utilities, groceries, or long credit card indebtedness.

One woman, being chided by the judge for coming back for a third time asking for more time to pay was given a choice, pay or jail. She said, I'm never going to have the money --- several hundred dollars at that point --- and said OK put me in jail for two days.

Setting aside that probably many of these stops were probably mere pretextual stops looking for evidence of other crimes, to the extent that you want to actually enforce these laws the annoyance of being stopped and made to pay $25 rather than $250 would almost certainly have the same deterrence/enforcement effect.

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