Op-Ed

Child Watch: Criminalizing Poverty Is Big Business

Published

11 years ago

May 11, 2015

By Marian Wright Edelman
NNPA Columnist

The recent Department of Justice report on police and court practices in Ferguson, Mo. put a much needed spotlight on how a predatory system of enforcement of minor misdemeanors and compounding fines can trap low-income people in a never-ending cycle of debt, poverty, and jail.

This included outrageous fines for minor infractions such as failing to show proof of insurance and letting grass and weeds in a yard get too high. In one case, a woman who parked her car illegally in 2007 and couldn’t pay the initial $151 fee has since been arrested twice, spent six days in jail, paid $550 to a city court, and as of 2014 still owed the city $541 in fines, all as a result of the unpaid parking ticket. The Department of Justice found each year Ferguson set targets for the police and courts to generate more and more money from municipal fines. And Ferguson isn’t alone.

The criminalization of poverty is a growing trend in states and localities across the country.

The investigation of Ferguson’s practices came after the killing of unarmed 18-year-old Michael Brown by a police officer, and last month the practice of criminalizing poverty made headlines again after Walter Scott was killed in North Charleston, S.C. Scott was shot in the back by police officer Michael Slager on April 4 as he ran away after being pulled over for a broken taillight. Scott had already served time in jail for falling behind on child support, and on the day he was stopped, there was a warrant out for his arrest for falling behind again. His family believes his fear of going back to jail caused him to run.

His brother told The New York Times that Walter Scott already felt trapped: “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support,” said Rodney Scott, whose brother was most recently working as a forklift operator. “He got to the point where he felt like it defeated the purpose.”

A 2009 review of county jails in South Carolina found that 1 in 8 inmates was behind bars for failure to pay child support. Rodney Scott remembered his brother trying to explain to a judge that he simply did not make enough money to pay the amount ordered by the court: “And the judge said something like, ‘That’s your problem. You figure it out.’”

The United States legally ended the practice of debtor’s prisons in 1833, and the Supreme Court ruled in Bearden v. Georgia (1983) that it is unconstitutional to imprison those who can’t afford to pay their debt or restitution in criminal cases, unless the act of not paying debt or restitution is “willful.”

But poor people are being increasingly targeted with fines and fees for misdemeanors and winding up in illegal debtors’ prisons when they can’t pay – and in some cases, then being charged additional fees for court and jail costs.

A recent investigation by National Public Radio, the New York University Brennan Center for Justice, and the National Center for State Courts cited a study estimating between 80-85 percent of inmates now leave prison owing debt for court-imposed costs, restitution, fines and fees.

In some jurisdictions defendants are charged for their room and board during lockup, probation and parole supervision, drug and alcohol abuse treatment, DNA samples, and even their constitutional right to a public defender. When poor people can’t pay those fees either, the cycle of debt and jail time continues.

The private companies providing probation services in more than half of the states are some of the biggest winners when poor people are targeted. If people on probation can’t afford the fees they are charged, they breach their probation contract; this can result in more jail time, making it even less likely that they’ll be earning the money they need, and people under the supervision of these private probation companies often become liable for charges exceeding the initial cost of their ticket or fine.

Federal law also prohibits people in breach of probation from receiving a range of benefits, including Temporary Assistance for Needy Families (TANF), food stamps, and Supplemental Security Income – once again, exacerbating the cycle of poverty, probation, and prison.

According to a study conducted by the American Bar Association’s Criminal Justice Section, there are more than 38,000 documented statutes nationwide creating collateral consequences for people with criminal convictions, including barriers to housing, employment, voting, and many public benefits.

By denying these citizens access to basic services they need to survive, our policies needlessly increase the risk of recidivism and continue to leave people truly trapped—and when we extend the cycle of poverty by criminalizing poor people, there are only a few greedy winners and many, many losers.

Marian Wright Edelman is president of the Children’s Defense Fund whose Leave No Child Behind® mission is to ensure every child a Healthy Start, a Head Start, a Fair Start, a Safe Start and a Moral Start in life and successful passage to adulthood with the help of caring families and communities. For more information go to www.childrensdefense.org.

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Advice

Rising Optimism Among Small And Middle Market Business Leaders Suggests Growth for California

“Business leaders across the Pacific region continue to demonstrate a unique blend of resilience and forward-thinking, even in the face of ongoing economic uncertainty,” said Brennon Crist, Managing Director and Head of the Pacific Segment, Commercial Banking, J.P. Morgan. “Their commitment to innovation and growth is evident in the way they adapt to challenges and seize new opportunities. It’s this spirit that keeps our region at the forefront of business leadership and progress. We look forward to helping our clients navigate all that’s ahead in 2026.”

Published

2 weeks ago

February 14, 2026

Oakland Post

Super Scout / E+ with Getty Images.

Sponsored by JPMorganChase

Business optimism is returning for small and midsize business leaders at the start of 2026, fueling confidence and growth plans.

The 2026 Business Leaders Outlook survey, released in January by JPMorganChase reveals a turnaround from last June, when economic headwinds and uncertainty about shifting policies and tariffs caused some leaders to put their business plans on hold.

Midsize companies, who often find themselves more exposed to geopolitical shifts and policy changes, experienced a significant dip in business and economic confidence in June of 2025. As they have become more comfortable with the complexities of today’s environment, we are seeing optimism rebounding in the middle market nationwide – an encouraging sign for growth, hiring, and innovation. Small businesses, meanwhile, maintained steady optimism throughout 2025, but they aren’t shielded from domestic concerns. Many cited inflation and wage pressures as the top challenges for 2026 and are taking steps to ensure their businesses are prepared for what’s ahead.

Overall, both small and midsize business leaders are feeling more confident to pursue growth opportunities, embrace emerging technologies and, in some cases, forge new strategic partnerships. That bodes well for entrepreneurs in California. Here are a few other key findings from the Business Leaders Outlook about trends expected to drive activity this year:

Inflation remains the top concern for small business owners. Following the 2024 U.S. presidential election, many anticipated a favorable business environment. By June 2025, however, that feeling shifted amid concerns about political dynamics, tariffs, evolving regulations and global economic headwinds.
Going into 2026, 37% of respondents cited inflation as their top concern. Rising taxes came in second at 27% and the impact of tariffs was third at 22%. Other concerns included managing cash flow, hiring and labor costs.

For middle market leaders, uncertainty remains an issue. Almost half (49%) of all midsize business leaders surveyed cited “economic uncertainty” as their top concern – even with an improved outlook from a few months ago. Revenue and sales growth was second at 33%, while tariffs and labor both were third at 31%.
And tariffs are impacting businesses costs. Sixty-one percent of midsize business leaders said tariffs have had a negative impact on the cost of doing business.
Despite challenges, leaders are bullish on their own enterprises. Though the overall outlook is mixed, 74% of small business owners and 71% of middle market companies are optimistic about their company’s prospects for 2026.
Adaption is the theme. For small business owners surveyed across the U.S., responding to continuing pressures is important in 2026. Building cash reserves (47%), renegotiating supplier terms (36%) and ramping up investments in marketing and technology are among the top priorities.
Big plans are on the horizon. A majority midsized company leaders expect revenue growth this year, and nearly three out of five of (58%) plan to introduce new products or services in the coming year, while 53% look to expand into new domestic and/or international markets. Forty-nine percentsay they’re pursuing strategic partnerships or investments.

The bottom line

Rebounding optimism among U.S. business leaders at the start of the year is setting the stage for an active 2026. With business leaders looking to implement ambitious growth plans that position themselves for the future, momentum in California could be beneficial for leaders looking to launch, grow or scale their business this year.

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#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

Published

2 weeks ago

February 10, 2026

Oakland Post

Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend. The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Published

2 weeks ago

February 10, 2026

Oakland Post

iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs. If beneficiaries can’t agree, hire a private mediator and attorney to work things out. The moment you walk into court, you are vulnerable to the whims of the court. Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion. In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice. The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST. Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.