Monetary Sanctions and Symbiotic Harms

Abstract

People convicted of crime are often treated as atomistic individuals by the criminal justice system, ignoring the fact that they are largely embedded in social networks. Research shows that family members are often negatively impacted by their relatives’ punishment despite not breaking any laws themselves. These detrimental effects of punishment on family are known as symbiotic harms. Most research on symbiotic harms, however, has focused on incarceration. We extend this research by describing how monetary sanctions harm the families of adults with legal debt. Our data come from semi-structured interviews with 140 people with legal debt and ninety-six court actors in Georgia and Missouri. We find evidence that family members are often coerced into paying their relatives’ fines and fees and that monetary sanctions increase the financial strain, emotional distress, and interpersonal conflict that relatives experience.

Keywords

• family
• legal financial obligations
• monetary sanctions
• symbiotic harms