NCJ Number
133957
Journal
Buffalo Law Review Volume: 38 Issue: 2 Dated: (Spring 1990) Pages: 591-617
Date Published
1990
Length
27 pages
Annotation
This article addresses the mechanics of the day-fines as it is currently being used in Staten Island, N.Y., assesses the advantages of the day-fine over the fixed fine, and considers the likelihood that it will become a viable alternative to incarceration.
Abstract
The basic premise of the day-fine is that a financial penalty is only effective when it is tailored to the offender's ability to pay. The day-fine is computed in a two-step process that first assigns a number of units to the crime committed based upon its severity, and secondly, assigns a dollar value to each unit based upon the offender's income. This article considers the past and present use of the fine, the history of the day-fine, why the Richmond Criminal Court (Staten Island) was chosen as the project site, how the day-fine is computed, and the benefits of the day-fine. The article then discusses the areas crucial to the day-fine's success. These areas are the obtaining of information on the offender's income, the collection process, and enforcement procedures. The article concludes with a discussion of the current limitations on the day-fine under New York law and the steps being taken to overcome them. The article advises that the determination of the day-fine's success must wait until the conclusion of the pilot project; however, the preliminary analysis indicates the day-fine can be an alternative to institutionalization. 1 table, 1 figure, and 173 footnotes