Essay
Bill H247 focuses on restitution and who needs to be paid back if a crime affects others. Restitution often means payment back to the affected party paid by the one who caused the problem. There are many good and bad things about this bill such as helping to pay court dues, medical bills, and deterent for the offender as they have to pay large sums of money but with the stipulation that it may be slightly unfair from the criminals’ perspective.
The first feature of this bill is the payment of court dues. A study by the Fines & Fees Justice Center says, “The authors found that fines and fees did contribute to the criminalization of low-income defendants and placed them at risk of ongoing court involvement through new warrants and debt collection.” This quote states that excessive court dues and fees are strangling the livelihood of the less fortunate. The ability to have someone else pay your court dues could be very beneficial for those with less capital in their possession. I think that forced payment of court dues helps poor families in court.
The second benefit to this bill is the payment of medical bills that were caused or related to the harm done to the victim by the criminal. A quote from Health System Tracker states; “High deductibles and other forms of cost-sharing can contribute to individuals receiving medical bills that they are unable to pay, despite being insured.” This quote states the high price of medical bills and how they affect families and persons with limited assets. This bill will solve the problem of the crippling debt of medical bills by charging the criminal or other persons related to the case to pay the debt that they instilled. I think this clause could not only reduce crime but also decrease the amount of medical debt people will have to pay.
The third boon to this bill is how paying large sums of money could be a deterrent to those vagrants who cause bodily harm. A quote from Financial Crime Academy says that; “Deterrence is the embarrassment caused by the fear of punishment.” this would prove the theory that forcing someone to pay an amount that they did not want to pay would cause the perpetrator to not commit a repeat offense. I think that this will help in the long run because I hate spending money and paying a large sum that I would be forced to pay would make me never want to be forced to pay again, causing good behavior.
The one adversity to this bill is the eighth amendment, no cruel and unusual punishment. This bill is not exactly unusual but it certainly could be considered cruel. Merrium-webster defines it as “punishment that is offensive to the contemporary morality or jurisprudence.” This definition raises questions as to whether forcing other people to pay money is ethical. I think that this could be a problem as it might be a little mean-spirited towards those who are extorted to pay outrageous sums of money without a set price cap.
I view this bill as a solution to many problems but may cause others. The problems it solves include good thing like deterrent of criminals, less debt for medical bills, and the ease of payment of legal fees. These boons are great additions but with the stipulation of this bill having many holes made by common ethics allows for an amount of amending by the house and senate.
“Criminalizing Poverty: The Consequences of Court Fees in a Randomized Experiment.” Fines and Fees Justice Center, finesandfeesjusticecenter.org/articles/criminalizing-poverty-the-consequences-of-court-fees-in-a-randomized-experiment/.
Rae, Matthew, et al. “The Burden of Medical Debt in the United States.” Peterson-KFF Health System Tracker, 12 Feb. 2024, www.healthsystemtracker.org/brief/the-burden-of-medical-debt-in-the-united-states/.
“What Is the Deterrence Factor? Effectiveness Explained.” Financial Crime Academy, 13 Sept. 2024, financialcrimeacademy.org/what-is-the-deterrence-factor/. Accessed 25 Oct. 2024.
“Definition of CRUEL and UNUSUAL PUNISHMENT.” Merriam-Webster.com, 2020, www.merriam-webster.com/dictionary/cruel%20and%20unusual%20punishment.
