Disrupting Mass Criminalization
Day in and day out, the criminal legal system punishes people experiencing poverty, people from racialized groups, migrantized people, and others at these and other intersections. This is not a bug but a feature of the system.
The cumulative impacts on people and communities are immense, as millions of people are suspected of offenses, often as a result of racial profiling, and ultimately about 550,000 are fined for low-level offenses each year. We refer to this as mass criminalization.
People are punished for acts connected to their lack of financial resources including riding the train without a ticket, theft, or drug-related offenses. They are also punished for issues related to their migration status.
These injustices are facilitated by procedural rules and practices that enable courts to punish quickly. Serious allegations of racial profiling are dismissed and people can be convicted on little evidence, as the system relies on summary proceedings (Strafbefehl) and fast-track proceedings (beschleunigtes Verfahren). When people can’t pay their high fines in criminal cases, they are jailed (Ersatzfreiheitsstrafe). The state imposes this harsh sanction for non-payment on approximately 56,000 people per year.
Justice Collective has organized against these realities since its founding in 2021 and we continue this work today.
Initiatives
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Bündnis zur Abschaffung der Ersatzfreiheitsstrafe
Justice Collective was a co-initiator of this coalition, comprised of dozens of groups and individuals representing migrant rights groups, anti-racism initiatives, social workers, and more. We engaged in successful advocacy on legislation to reform Germany's debtors’ prisons (Ersatzfreiheitsstrafe), testifying--and protesting--before the Bundestag. We were able to secure some interim policy changes, though the fight for full abolition of Ersatzfreiheitsstrafe continues.
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Emergency fund against punishment
Together with Courtwatch Berlin we raise money to help people avoid Ersatzfreiheitsstrafe (prison for non-payment of fines) or pay off court fees and fines. To contribute, donate via the link below.
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Fine Justice campaign
Justice Collective is co-convenor of a European campaign demanding that EU procedural rights such as access to counsel also apply to lower-level criminal cases. As we say: Minor offenses lead to major punishment.
Learn more
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Two-tiered cannabis justice
People from racialized and migrantized groups are disproportionately criminalized for cannabis-related offenses. The reason for this is simple: Police racially profile, and therefore are less likely to stop white Germans for cannabis-related offenses.
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Research on the injustices of mass criminalization
Justice Collective’s Mitali Nagrecha researched and published this report with the Criminal Justice Policy Program at Harvard Law School showing how German courts systematically punish poverty.
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Coalition Statement on Abolishing Jail for Non-Payment of Fines
In this coalition statement, we explain why reforms short of abolishing jail as a consequence of non-payment of fines will always fall short.