The Corner

Law & the Courts

‘End Taxation by Prosecution’

About Lars Trautman’s article, “End Taxation by Prosecution,” this morning: Yes, thank you, and amen.

Ask most people what prosecution has to do with taxes, and you’ll be lucky to get an answer this side of Al Capone. Admittedly, other than the occasional tax cheat, the two do not appear to have much in common. So it may come as a shock to learn that local governments across this country not only expect prosecutors to generate revenue but also rely on them to make ends meet. It is taxation by prosecution, and it needs to stop.

I am reminded of the DOJ’s investigation of the police department in Ferguson, Mo., written up by Ian Tuttle here.

In 2010, the city’s finance director encouraged Ferguson police chief Thomas Jackson to “ramp up” ticket-writing to help mitigate an anticipated sales-tax shortfall. Not only did citations increase, but so did the issuance of “companion charges” — for example, charges for speeding and failure to maintain a single lane, to accompany DWI charges. One stop can yield six or eight citations, and officers have been known to compete to set single-stop records. Indeed, within Ferguson Police Department, because opportunities for promotion have been tied to “productivity” — that is, enthusiasm for ticket-writing — officers have perverse incentives to issue citations, and in concert with police and prosecutors, municipal courts regularly enforce the payment of fines in a way that compounds what a single defendant owes. The report recounts the case of a woman for whom a single 2007 parking infraction — two citations; penalty: $151 plus fees — has led to multiple arrests, jail time, and more than $1,000 in additional fines, half of which she has yet to pay.

Radley Balko explored the same subject in the Washington Post here.

 

Most Popular

Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More
Elections

‘Slipping and Sliding down the Polls’

This is an excerpt from episode 233 of The Editors. Rich: So Jim Geraghty, I have the RealClearPolitics Biden versus Trump polling page up right here. I’m just going to read you some numbers going back to . . . This is a CNBC poll from the 10th and 12th of June. And I’m just going to run through to the ... Read More

Stalin, Famine, and the New York Times

‘The world is being invaded by monsters, but I suppose you don’t want to hear about that,” Both clauses of that sentence are devastatingly true: The reference is equally to the horrors of the Soviet Union’s mass murders -- and to the West’s determination to turn its back to the monstrosity. The speaker ... Read More

Stalin, Famine, and the New York Times

‘The world is being invaded by monsters, but I suppose you don’t want to hear about that,” Both clauses of that sentence are devastatingly true: The reference is equally to the horrors of the Soviet Union’s mass murders -- and to the West’s determination to turn its back to the monstrosity. The speaker ... Read More

Hamilton on the Wrong Side of Cinema

Disney’s presentation of the Broadway blockbuster Hamilton marks a curious cultural turning point: The most heralded production in recent Broadway history has not been adapted into a movie — it’s a digital video recording of a 2016 stage performance — because it has to live up to its hype as an exclusive ... Read More

Hamilton on the Wrong Side of Cinema

Disney’s presentation of the Broadway blockbuster Hamilton marks a curious cultural turning point: The most heralded production in recent Broadway history has not been adapted into a movie — it’s a digital video recording of a 2016 stage performance — because it has to live up to its hype as an exclusive ... Read More

The Year of Stupid

It turned out that the novel coronavirus was only the second-most-infectious disease to spread through the U.S. this year. Satan’s Cupcake has, after all, been diagnosed in less than 1 percent of Americans. The not-so-novel imbecility virus is, on the other hand, ravaging the minds of everyone from news ... Read More

The Year of Stupid

It turned out that the novel coronavirus was only the second-most-infectious disease to spread through the U.S. this year. Satan’s Cupcake has, after all, been diagnosed in less than 1 percent of Americans. The not-so-novel imbecility virus is, on the other hand, ravaging the minds of everyone from news ... Read More
Elections

No, Trump Isn’t Going to Drop Out

After he’s repeatedly survived the unsurvivable, we are supposed to believe that President Donald Trump might quit the presidential race before it truly begins because of a spate of negative polling. This is the latest chatter among (unnamed) Republicans, according to a widely circulated Fox News report and ... Read More
Elections

No, Trump Isn’t Going to Drop Out

After he’s repeatedly survived the unsurvivable, we are supposed to believe that President Donald Trump might quit the presidential race before it truly begins because of a spate of negative polling. This is the latest chatter among (unnamed) Republicans, according to a widely circulated Fox News report and ... Read More