Sentencing for minor offenses often consists of a monetary fine. However, such a system has several potential problems. Fines as punishment discriminate against the poor.23 Often the penalty for...

Sentencing for minor offenses often consists of a monetary fine. However, such a system has several potential problems. Fines as punishment discriminate against the poor.23 Often the penalty for failing to pay a fine is incarceration. Incarceration appears to make little sense as an incarcerated person has even less chance of paying the fine they owed before incarceration. Sentences based on fines can be abused. Many cities obtain a significant percentage of their operating expenses from fines—a practice known as “cash-register justice,” However, the practice often backfires as it costs more to incarcerate persons who cannot pay their fines than the city collects.24 Also, judges may revert to questionable, perhaps unconstitutional, means when defendants cannot pay their fine. For example, Alabama Judge Marvin Wiggins offered defendants who could not pay their fines a $100 credit if they donated blood.25 A possible solution that is used in Latin America and Europe is “day fines” or fines adjusted to a percentage of a person’s daily net income.26 A “day fine” system would result in variable fines based upon a person’s ability to pay allowing the poor to avoid jail. Should fines be proportional to a person’s ability to pay?