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UNITED STATESPoverty and Criminal JusticePoor defendants across the country languish in pretrial detention because theyare too poor to post bail. The most recent data indicates 60 percent of jailinmates—at a cost of $9 billion a year—are confined pending trial, oftenbecause they lack the financial resources to secure their release. In 2013, thechief judge of New York supported legislative reforms that would begin toreduce the pretrial incarceration of indigent defendants.Extremely high court fees and surcharges are also increasingly common, ascash-strapped counties and municipalities often expect their courts to pay forthemselves or even tap them as sources of public revenue. The impact on poordefendants is particularly harsh.Practices that exacerbate and even punish economic hardship are increasinglycommon. In Arkansas, tenants who fall behind on their rent face criminal prosecution.In states across the US, courts put hundreds of thousands of misdemeanoroffenders on probation with private, for-profit companies that chargelocal authorities nothing for their services but collect tens of millions of dollarsin fees each year from the offenders they supervise.In August, a decade after a group of inmates’ families filed a petition challengingthe exorbitant rates charged for interstate jail and prison phone calls, theFederal Communications Commission (FCC) voted to cap the cost of the calls.In cities throughout the US, homeless people are targeted and arrested underlaws that prohibit loitering, sitting, and occupying public space.Youth in the Criminal Justice SystemIn nearly all US jurisdictions, substantial numbers of youth offenders are triedin adult court and sentenced to serve time in adult jails and prisons.The widespread practice of sentencing youth offenders to life without the possibilityof parole is changing as states grapple with how to comply with recent USSupreme Court decisions. Separate decisions have held that the sentence cannotever be mandatory for youth offenders, nor can it be imposed on youthoffenders convicted of non-homicide crimes. The Supreme Court has not yetabolished application of the sentence to juveniles, however, and youth offend-645

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