Money for Justice: Comparing Day Fines in Germany and Maricopa, County AZ [Note]

Abstract

This Note examines the concept of day fines and their implementation in two contrasting jurisdictions: Arizona's Maricopa County and Germany. Day fines, a system of monetary sanctions weighted according to a person's income, gained traction in the twentieth century as a means of ensuring substantively equitable punishment regardless of an individual's financial status. Maricopa County, among a handful of other U.S. jurisdictions, experimented with day fines during the early 1990s, only to see its program falter due to legislative constraints and political dynamics. ln contrast, Germany has maintained a robust day fine system for over four decades, with a flexible yet occasionally heavy-handed approach. This Note delves into the historical and operational aspects of day fines, highlighting the differences in implementation between the two jurisdictions. It investigates the reasons behind the failure of the U.S. day fine experiment and its continued success in Germany, considering factors such as political climate, economic considerations, and procedural intricacies. By comparing these experiences, the article offers insights that might inform the potential adoption of day fine systems in the United States-serving as a resource for activists, scholars, and policymakers seeking to enhance the fairness and effectiveness of punitive measures.