Document Type
Article
Publication Title
Tennessee Law Review
Abstract
Many parts of the criminal justice system are funded by revenue from "users" -- i.e., the accused, in the form of fines, fees, and forfeitures. Drawing on both existing Supreme Court authority and recent Court of Appeals decisions, we argue that a violation of due process exists when all participants in the criminal justice system, from police to court clerks, to prosecutors and judges, depend on revenues from pleas and convictions in order to function. Instead, we argue that due process demands that the criminal justice system be funded in ways that are not affected by the rate of arrest and conviction.
First Page
1025
Last Page
1060
Publication Date
2-22-2022
Recommended Citation
Reynolds, Glenn Harlan and White, Penny, The New Due Process: Fairness in a Fee-Driven State (February 22, 2022). Tennessee Law Review, Vol. 88, No. 1025, 2021, Available at SSRN: https://ssrn.com/abstract=4040335