Professional Documents
Culture Documents
Milestonethree Deborahrutherford SOC324
Milestonethree Deborahrutherford SOC324
Milestonethree Deborahrutherford SOC324
Deborah Rutherford
April 7, 2024
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Introduction
Overview
In 2011, a woman in Maine got a routine speeding ticket. She was unable to get time off
work to contest it and did not have the money to pay for it. She had no family around except her
two kids under two and their father, who was himself an unemployed student. Without a work-
able solution to resolve the ticket, her license was suspended. However, she lived in rural Maine
and needed to work, so she continued driving. She kept getting caught. Multiple suspensions led
to a three-year habitual offender revocation. Since she could no longer get her kids to daycare,
she was only able to work limited hours at minimum-wage jobs near home. After the revocation
was up, she resumed driving, but was pulled over for a headlight and found that she had missed a
reinstatement fee, leading to another suspension. This time, the state imposed an alternative sen-
tence of five-day residential community service; however, they wanted a $500 fee for it. Unable
to pay the fee, she took the ten-day jail sentence. A simple speeding ticket had turned into a
years-long ordeal, with multiple suspensions, thousands of dollars in fines, incarceration, and a
This is the criminalization of poverty. State and local governments make and enforce
policies that "trap people in the criminal legal system for engaging in activities to survive" (Vera
Institute of Justice, 2022). Whether they are being arrested for sleeping in public, being stigma-
tized applying for benefits, or sitting in jail because they could not afford bail or a fine, America
That woman in Maine was me. The research assistant position at Golden Door Advocacy
was a perfect fit because their work to decriminalize poverty is a cause that means something to
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me personally. According to the United States Census Bureau’s official poverty measure in
2022, 37.9 million Americans would agree (Shrider & Creamer, 2023). What was originally a so-
cial problem has turned into a legal problem. Millions of people across the country are economi-
cally insecure and being forced to make choices between food, housing, medical care, and utili-
ties.
There are multiple factors that combine to form and perpetuate the culture of poverty. To
truly effect change, we must be cognizant of these factors and identify their roots. One explana-
tion of the American poverty cycle lies in conflict theory. Developed in the 1960s by Karl Marx
and Friedrich Engels, conflict theory states that laws exist to "maintain the interests of specific
groups who hold political power" (Zembroski, 2011, p. 249). This theory says that it is the strug-
gle over resources, especially power, which creates class distinctions, leading to a divide be-
tween those who hold the power and those who do not. The ruling class therefore has the power
and means to exploit the working class and to criminalize actions they believe to be a challenge
to their preferred way of life (Nickerson, 2023). This is then enforced by social institutions, such
as the police, courts and prisons, and the welfare system, and has significant implications for
Evidence
Through analysis of stereotypes, social changes, and historical and modern views of
poverty, Golden Door Advocacy focuses on four major areas: homelessness, welfare reform,
court fees and fines, and mass incarceration. From debtors’ prisons in colonial days, to the Fer-
guson, Missouri, police department’s revenue-generating methods, to over 7,000 New Yorkers
sitting in jail “because they are poor, not because they are guilty” (Monea, 2022, p.4), the crimi-
Position Statement
It is the belief of Golden Door Advocacy that the criminalization of poverty, or "state-
sponsored efforts at enforcement, surveillance, labeling, and punishment" (Pager et al., 2022, p.
531) has produced intrusive and unfair public policies that marginalize and penalize people for
being poor. This is unjust and wrong. Golden Door Advocacy aims to change the criminalization
of poverty through legal advocacy, policy advising, research, and case management.
Analysis
Position
Nelson Mandela said that "a nation should not be judged by how it treats its highest citi-
zens, but how it treats its lowest" (as cited in United Nations, n.d.). Class stratification based on
economic status effectively separates American citizens into these highest and lowest groups,
Karl Marx’s bourgeoisie and proletariat classes respectively (Nickerson, 2023). The evolution of
class stratification throughout the history of the country has widened this divide through stereo-
types, policies, ordinances, and laws. Many of these are unfounded and unfair but are continually
The National Law Center on Homelessness and Poverty found in 2017 that over half of
the 187 cities they studied had bans on camping and sitting or sleeping in public, and more than
two-thirds enforced bans on loitering and begging (Herring et al., 2020). Between 2006 and 2016
alone, nationwide bans on living in a vehicle rose by 143 percent (Herring et al., 2020). Welfare
recipients were at one time subjected to “midnight raids” (Gustafson, 2009, p. 649) to “catch
men sleeping in the homes of women receiving welfare” (p. 649). It was assumed that an unmar-
ried woman sleeping with a man was not morally suited to receive welfare benefits. The court
system has used fees and fines to trap people in cycles of nonpayment, creating criminal records
5
and extending their involvement with the criminal justice system for years longer than is neces-
sary. Sociologists have referred to these practices as “permanent punishment” (Pager et al., 2022,
p. 530) and “layaway freedom” (p. 530). Many social science studies have found direct, quantita-
tive correlations between mass incarceration and homelessness. The decrease in funding for pub-
lic housing and simultaneous increase in corrections funding ensured that the prison system has
become the “primary provider of affordable housing” (Herring et al., 2020, p. 132) in the coun-
try.
Stereotypes
When confronted with statistics such as these, one might wonder how the country
became so economically divided. Part of the answer lies in stereotypes of the poor that have per-
sisted throughout history. Typical stereotypes of people experiencing poverty include images of
dirty, diseased street people, often dangerous and involved in crimes such as theft or prostitution
(Amster, 2003). Also implicit in stereotypes of poor people is their helplessness or victim status
(Kawash, 1998). Different studies have found these same stereotypes in the media as well, noth-
ing that the media shows "the underclass in behavioral terms as criminals, alcoholics, and drug
addicts" (Clawson & Trice, 2000, p. 54). A study of a Washington Post series on poverty found
representations of the poor as "lazy, sexually irresponsible, and criminally deviant" (Clawson &
Business Week, Newsweek, New York Times Magazine, Time, and U.S. News & World Report,
analyzed portrayals of the American poor over a five-year span (Clawson & Trice, 2000). The
study found that in the media, African Americans were depicted as making up 49% of the poor,
but according to census data, the real figure was 27%. In contrast, white people were depicted as
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making up 33% of the poor, but the data showed the real figure was 45% (Clawson & Trice,
2000). The study also found that when there were stories on unpopular issues, such as welfare re-
form, pregnancy, public housing, and the welfare cycle of dependency, blacks were overrepre-
There is also the oft-cited "welfare queen" stereotype. Media and literature portrayals
show the welfare queen as someone who milks the system using taxpayer money, has children to
get more benefits, will not marry to keep those benefits, is lazy and uneducated, and refuses to
get a job and come off welfare (Gustafson, 2009). Guy Drake, in his 1970 song “Welfare Cadil-
lac” sings “I’ve been poor all my life, I guess all I really own is ten kids and a wife,” “I sure
don’t pay no rent, I get the check the first of every month from this here federal government, and
“we get peanut butter and cheese, and man, they give us flour by the sack, course them welfare
checks, they make the payments on this new Cadillac” (Drake, 1970). Lyrics like these promote
the stereotype of welfare recipients as ungrateful people who have no moral qualms about taking
The original “welfare queen” stereotype came from the Chicago Tribune’s coverage of
Linda Taylor in 1974 (Kohler-Hausmann, 2007). The media thoroughly covered this case, which
stunned Taylor's hometown of Chicago as well as the entire nation. Linda Taylor was charged
with welfare fraud after receiving over $200,000 in benefits through illegal means, including
multiple aliases and identities in twelve different states. These benefits included welfare cash as-
sistance, food stamps, and social security benefits (Kohler-Haussmann, 2007). During Taylor’s
prosecution, the Chicago Tribune ramped up the public view of welfare recipients by publishing
the hotline number where people could report cheaters, as well as the names of people being
charged with welfare fraud, effectively identifying and humiliating them. Evidence that this
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worked is seen in the numbers; in 1977, this hotline received 10,047 calls, and over 30,000 be-
It is also clear that these stereotypes were rarely valid. Most people did not have a clear
understanding of what constituted welfare fraud and mainly called in tips about “the more tradi-
tional targets of state sanction, such as morally stigmatized unmarried mothers” (Kohler-Hauss-
man, 2007, p. 339). Only 3,400 welfare cases were affected after investigation, meaning the ac-
tual rate of fraud as reported by the hotline was about 10%. One anonymous letter sent to a state
senator reported that their neighbors had many children, and both worked and received welfare
benefits. Whoever wrote the letter stated that their neighbors spent money on clothes, pets, and
toys, indicating that they took offense to the family buying and possessing more than necessities.
When officials investigated the situation, they found that the family in question had not received
Historical Interpretations
Throughout history, these stereotypes have evolved. Early colonial poor laws were de-
rived from English common laws, which indicated that communities needed to help their mem-
bers that were struggling (Katz, 2013). However, there was interest in separating the people who
genuinely needed help and those who were just lazy and entitled, creating Marx’s bourgeoisie
and proletariat classes. Josiah Quincy, the eventual president of Harvard University and mayor of
Boston, wrote in 1821 of the two classes of poor people. He labeled one class "the impotent
poor," (Katz, 2013, p. 5) referring to infants, the elderly, and the sick and disabled who could not
work. The second class was what Quincy called the "able poor," (Katz, 2013, p. 5) or those who
could work, but had varying degrees of capability and could only do certain jobs. No one had
any issue helping the impotent poor, but they thought it wasteful and unnecessary to spend
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money on people who had the ability to make their own. In 1834, the Reverend Charles Bur-
roughs, preaching in New Hampshire, also spoke of two distinct categories of poor people. He
distinguished between the poor and paupers, saying that poverty was an “unavoidable evil"
(Katz, 2013, p. 6) while pauperism was "the consequence of willful error, of shameful indolence,
of vicious habits” (Katz, 2013, p. 6). This notion that poverty is a result of moral failure has per-
sisted today.
British poor laws also allowed lenders to imprison people who owed them money. The
custom of debt imprisonment followed new Americans to the colonies (Monea, 2022). As
colonists amassed more wealth and credit, debtors’ prisons became more popular. A citizens'
group in Philadelphia stated that 3,001 people were imprisoned for nonpayment of debt between
1826 and 1830. Because people in prison had no way to pay their debts, they often stayed in
prison while their families on the outside suffered from the loss of income (Monea, 2022). Paral-
lels to these policies can still be seen today. While physical buildings of debtors' prisons are no
more, the concept is still embedded in American society “in the form of pre-trial confinement,
incarceration for court fees and fines, and excluding various forms of debt-such as alimony, di-
vorce, child support, and taxes-from constitutional protection" (Monea, 2022, p. 4). This shows
how historical principles and attitudes toward the poor have shaped modern-day policies. From
the distinction between poverty and pauperism, to debt imprisonment, to welfare monitoring, this
country has devised numerous ways to criminalize poverty (Gustafson, 2009). Turning perceived
moral failure into public policy denotes an attitude and class distinction that colors even modern
Modern Interpretations
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In more modern times, economic, political, and social systems continue to place undue
burdens on marginalized communities. This leads to the police finding justifications for their
consequently become overcrowded homeless shelters. From 1980 to 1990, spending for
affordable housing decreased from $27 billion to $10 billion, while spending for corrections
increased from $7 billion to $26.1 billion (Herring et al., 2020). Incarceration only leads to
higher rates of homelessness. People with criminal records are routinely excluded from housing,
whether private or subsidized, and from gainful employment. They are also more likely to
heightened over enforcement of restrictions on “standing, sitting, and resting in public spaces”
(Herring et al., 2020, p. 133) during the day, and restrictions on “sleeping, camping, and lodging,
including in vehicles; begging and panhandling; and food sharing” (p. 133).
The welfare reforms in the 1970s also extended the reach of the criminal justice systems
into the lives of poor people. The 1935 Social Security Act implemented ADC, or Aid to
Dependent Children (Kohler-Hausmann, 2007). Along with this program, however, came
monitoring, tightened eligibility requirements, and rules to publicly shame welfare recipients,
such as requiring them to pick up their checks at police stations or banks rather than mailing
them to individual homes (Kohler-Hausmann, 2007). Another invasive policy took place as late
as the 1960s. Welfare offices took to performing midnight raids on ADC recipients to see if the
unmarried women receiving benefits had men in the house; if so, welfare was revoked and the
men were considered “household breadwinners who had hidden their income support from the
aid office” (Gustafson, 2009, p. 649). The Supreme Court decision in King v. Smith (1968) lifted
10
this designation from the men, but that only served to shift all stigma and blame to women.
Americans continued to see welfare recipients as lazy and entitled, and officials, wanting to be
tough on the issue, increased prosecutions for welfare fraud. Investigations of overpayment were
shifted from social service agencies to district attorneys. In 1996, the Personal Responsibility and
Work Opportunity Reconciliation Act ended the ADC program and cash aid. Replacing ADC
benefits were state block grant programs called Temporary Assistance for Needy Families
(TANF). People who were not aware of how the new system worked could receive a sanction for
something as little as missing an appointment, which resulted in the loss of aid. The
administration of TANF programs was also left up to the states, as opposed to the federally
administered ADC program (Desmond, 2023). This means states can decide how they use the
money, and not every state has used it for poor people. For example, Arizona has used TANF
money to fund abstinence-only sex education, Pennsylvania has used it for anti-abortion
pregnancy centers, and Maine has used it to fund a Christian summer camp. In 2020, for every
dollar allotted to TANF, “poor families directly received just 22 cents” (Desmond, 2023, p. 4).
Ironically, money is withheld in this way from people who need it the most, but in other
places they become the ones exploited the most. Imposition of court fees and fines has trapped
low-income people in cycles they are unable to escape, through no fault of their own. During
Ronald Reagan’s administration, governments at every level were looking for ways to implement
budget cuts and increase revenue (Edelman, 2019). Part of the mobilization of these goals was to
impose fines and fees for every part of a person’s involvement with the criminal justice system,
with driver’s license suspensions being a particularly lucrative option. There are states that
suspend driver's licenses for unpaid student loans, public drunkenness (even if a car is nowhere
in sight), bad checks, graffiti, and littering. This works because it is almost certain a person will
11
be caught driving after suspension, since they need to be able to get to work, get their kids to
school, and do groceries and other errands. In California, the majority of the $11 billion in
Edwards, was arrested for burning leaves without a permit. Edwards has a "significant
intellectual disability and cannot read or write" (Edelman, 2019, p. 214). After conviction, he
was given a $500 fine and was also ordered to pay $528 for probation. When he could not pay
the $500 fine, he was put on probation for a year, and the probation company added an instant
payment of $250. Edwards then went to jail until a friend could scrape together the money. Not
Another case brought the exploitation of low-income people to the forefront when the
Obama administration conducted a report on Ferguson, Missouri, police department after the
2014 killing of Michael Brown (Edelman, 2019). In 2010, the population of Ferguson was 67%
black, and between 2009-2013, 25% of the city was below the federal poverty level (Civil Rights
Division [CDR], 2015). According to the investigative report, Ferguson's city officials did not
see the police’s duty as enforcement of the law, but rather collection of revenue. In 2013, the city
budget for fines and fees was projected to be $2.11 million; the actual amount collected was
$2.46 million. In 2010, the city finance director emailed the police chief, saying that "unless
ticket writing ramps up significantly before the end of the year, it will be hard to significantly
raise collections next year" (CDR, 2015, p. 10). The city regularly pressured its officers to write
as many citations as possible, leading to some officers writing up to fourteen citations for one
encounter. For example, for a single DUI stop, an officer might also write citations for
"speeding, failure to maintain a single lane, no insurance, and no seat belt, etc." (CDR, 2015, p.
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11). In 2014, the finance director asked the police chief to pay five officers overtime to patrol the
highway seven days a week. The city told the police department that the reason for this was "to
produce traffic tickets, not provide easy OT" (CDR, 2015, p. 14). The city of Ferguson also
charged a $50 fee just for having a pending warrant cleared, among other arbitrary practices;
none of these practices considered a person's ability to pay. Ferguson's policies demonstrate how
the upper class exploits the poor for their own benefit.
The resulting debt from inevitable nonpayment of these fees and fines is one road to
criminalization, and, therefore, mass incarceration (Ehrenreich, 2011). In New York City in
2006, it was found that up to 23% of homeless people in shelters had been incarcerated within
the previous two years (Herring et al., 2020). In another national survey, 49% of homeless
people said they had been incarcerated during their lives, and 18% had spent time in a state
facility, compared to just 5% of the public. In San Francisco alone in 2013, between 10 and 24%
of the jail population was homeless at the time of arrest (Herring et al., 2020).
Other practices increase mass incarceration by providing the police with justification for
their actions. For example, "broken window" (Edelman, 2019, p. 216) policing, in which police
conduct mass arrests for small offenses, was marketed as a way to keep order in the community.
This policy is also known as "rabble management" (Herring et al., 2020, p. 133). The only true
achievement was that it overcrowded the jails with poor people unable to make bail (Edelman,
2019). There are up to 700,000 people in jail nationwide daily, of which 450,000 have never
been adjudicated guilty of anything; "they are simply poor people waiting for a trial" (Edelman,
2019, p. 221). These poor people end up with stories like Kalief Browder, who spent three years
incarcerated at Rikers Island without ever being convicted for the alleged petty robbery that
landed him there. Browder’s mental health declined seriously due to his violent and traumatic
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experiences in Rikers, and he committed suicide at the age of 22 (Gonnerman, 2015). Are we
Social Changes
Along with Golden Door Advocacy’s work, there are other organizations on the front
lines of the fight to decriminalize poverty. One example is the #IAskForHelpBecause campaign,
started by the National Law Center on Homelessness and Poverty. This campaign began after the
Norton v. Springfield (2015) ruling established that most panhandling laws are unconstitutional
(National Law Center on Homelessness and Poverty [NLCHP], n.d.). According to NLCHP web-
site (n.d.), this campaign works with local advocacy groups “to repeal these unconstitutional or-
dinances and to promote more constructive approaches to addressing the hunger and homeless-
ness that creates the need for panhandling” (p. 1). Their belief is that people ask for help in the
forms of begging, panhandling, and solicitation, but when these acts are criminalized, it does
nothing but push them into the criminal justice system and cause even more problems. The
#IAskForHelpBecause campaign was launched in 2018 and at that time, it was estimated that
panhandling laws had increased up to 43% over the previous ten years (NLCHP, n.d).
Other examples of social change include legal reforms. A study conducted by Villanova
University found that heavy sentencing guidelines lead to mass incarceration, which increased
the poverty rate by approximately 20% (Tanner, 2021). Another study found that a family whose
father was jailed was 40% more likely to be living in poverty. This has huge implications nation-
wide considering that 1.5 million children in 2016 had an incarcerated parent (Tanner, 2021). It
is possible that the economic effects of incarceration can be lifelong; a PEW Research study
found that inmates released in 1986 were still in the bottom 20% of incomes as of 2006, a full
20 years after release (Tanner, 2021). To combat these statistics, some states are redefining how
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they look at “crimes” of poverty. In 2014, California's Proposition 47 turned a variety of felony
offenses into misdemeanors, including low-level theft and drug offenses, forgery, and receiving
stolen property. The law also allowed the resentencing of people serving felony time for these
crimes, allowing sentences to be reduced under the new guidelines (Tanner, 2021).
Another area for reform involves the elimination of oppressive administrative court fees.
Research shows that these fees, along with over court-imposed crimes, contribute to the crimi-
nalization of poverty because they ensure that people become indebted to the criminal justice
system for extended periods of time (Pager et al., 2022). They may also “deepen economic disad-
vantage for defendants who are already poor, ”(Pager et al., 2022, p. 531) again perpetuating the
cycle of poverty. There is evidence of progress in this area. California is slowly eliminating these
fees, which are responsible for up to $16 billion in debt for Californians (Tanner, 2021). Other
states are also making progress towards eliminating fees, recognizing that they are most often
imposed upon people with the least ability to pay. More than 15 states have reduced their usage
of court fees since 2021 (Boardman, 2023). In 2023, New Mexico eliminated legal criminal fees
for the whole state. Arizona, Illinois, and Montana eliminated court fees for juveniles. Indiana is
working to limit fees for low-income citizens. Continued reforms in these areas will likely suc-
ceed, especially considering that “imposing increasingly onerous fines and fees results in less
Sociological Theory
Karl Marx believed that the upper class marginalizes the lower in subtle ways through so-
cial institutions (Hagan & Shedd, 2005). For example, studies show that, both at the individual
and neighborhood levels, socioeconomic status is linked to satisfaction with police; "concen-
trated neighborhood disadvantage increases dissatisfaction with the police" (Hagan & Shedd,
15
2005, p. 261). Broken window policing and rabble management are examples of how over-polic-
ing can lead to mass incarceration, leaving low-income people vulnerable to an unavoidable cy-
cle. If unable to pay bail, they will be in jail until trial, which affects their jobs and rent pay-
ments. To get out of jail, they must plead guilty at trial and receive even more fines. If they are
not able to adhere to a payment plan, they will become even more behind, which restarts the cy-
cle. This vulnerability encompasses every aspect of a person's life, limiting their access to re-
sources such as housing, education, job training, proper nutrition, social capital, and even their
Unfortunately, this system affects juveniles as well as adults. A 2016 study by the Juve-
nile Law Center of Philadelphia found that many states charge for "probation, supervision, diver-
sion, drug tests when there is no history of drug abuse, cost of care (room and board), and on and
on" (Edelman, 2019, p. 219). When their families cannot pay, this debt transitions to adulthood
along with the juvenile, affecting future opportunities for employment, credit, housing, and fi-
This leads to the intergenerational transmission of poverty (Najman et al., 2018). The
class stratification described in Marx's conflict theory is then perpetuated because children from
poor homes have a higher risk of mental and physical health, high mortality rates, developmental
delay, and general life stress (Namjan et al., 2018). Studies have shown that these deficiencies
persist into adulthood, leaving children and grandchildren vulnerable to the same hardship.
Conclusion
Conflict theory, the separation of Americans into bourgeoisie and proletariat classes,
where one’s worth and opportunities are measured (or not) by their bank accounts, has lifelong
implications for success and quality of life. Karl Marx believed that poverty results from the con-
16
flict of two classes over resources and power (Nickerson, 2023). The criminalization of poverty
has shut low-income people out of accessing basic necessities. Horace Mann stated that educa-
tion "does better than to disarm the poor of their hostility towards the rich: it prevents being
poor" (as cited in Ford, 2020). In a society where the poor are at an educational disadvantage
from birth, who does that really help? Pulitzer prize-winning sociologist Matthew Desmond
(2023) explains the criminalization of poverty and exploitation of the poor in this simple yet pro-
found way: “Poverty isn’t simply the condition of not having enough money. It’s the condition of
not having enough choice and being taken advantage of because of that” (p. 14).
In the United States, we have put men on the moon, mapped the human genome, found a
cure for polio, invented the internet, and apprehended criminals based on DNA, but we have yet
to care for our own. Samira Kawash (1998) says, “the homeless are forced into constant motion
not because they are going somewhere, but because they have nowhere to go” (p. 327). Golden
Door Advocacy is working to correct these injustices, so everyone has a safe place to be. The
first sight of America, the land of opportunity, for millions of poor, immigrant, and minority
populations was the Statue of Liberty (National Park Service, 2024a). The National Park Service
maintains her storied legacy; the words extend an invitation, welcoming all people, regardless of
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