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Justice Department: States Should Not Jail Poor People Over Fine Nonpayment

Posted on 3/14/16 at 10:21 am
Posted by trom83
Baton Rouge, LA
Member since Oct 2013
4724 posts
Posted on 3/14/16 at 10:21 am
LINK

quote:

WASHINGTON — The Justice Department is discouraging state court systems from jailing defendants who fail to pay fines or fees, warning against practices that it says run afoul of the Constitution and erode community trust.

A letter being sent Monday by the federal government to state court administrators makes clear that judges should consider alternatives to jail for poor defendants who don't pay their fines. It also says defendants should not be locked up without a judge first establishing that a defendant who failed to pay did so willfully.


Posted by CAD703X
Liberty Island
Member since Jul 2008
91098 posts
Posted on 3/14/16 at 10:23 am to
worked out so well not jailing illegal immigrants who commit murder so why not
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465159 posts
Posted on 3/14/16 at 10:24 am to
this will be interesting

this could be the very mechanism that stalls local government expansion via policing/fining
Posted by MSMHater
Houston
Member since Oct 2008
23145 posts
Posted on 3/14/16 at 10:26 am to
I'm fine with it.

No other debt gets you thrown in jail, I don't see why a debt from our incompetent government should be any different.

Just put it on the credit report like everything else.
Posted by Rantavious
Bossier ''get down'' City
Member since Jan 2007
2118 posts
Posted on 3/14/16 at 10:26 am to
DOJ just wants to look like the good guys. I dont see this as a problem in LA courts. I have never seen anyone thrown in jail for the singular reason of inability to pay
Posted by NYNolaguy1
Member since May 2011
21692 posts
Posted on 3/14/16 at 10:26 am to
Why not just withold public assistance? Jails are usually way more expensive than whatever fines they are being held over, plus the govt gets the money much faster.
Posted by FairhopeTider
Fairhope, Alabama
Member since May 2012
22293 posts
Posted on 3/14/16 at 10:26 am to
John Oliver actually had a good segment on this. A lot of municipalities go way overboard on slapping fines on people.
Posted by Commandeaux
Zachary
Member since Jul 2009
7881 posts
Posted on 3/14/16 at 10:26 am to
quote:

this could be the very mechanism that stalls local government expansion via policing/fining


This
Posted by Who Me
Ascension
Member since Aug 2011
7090 posts
Posted on 3/14/16 at 10:26 am to
quote:

A letter being sent Monday by the federal government to state court administrators makes clear that judges should consider alternatives to jail for poor defendants who don't pay their fines. It also say



Wow. So don't have to go to jail or pay fines for breaking the law. Community service here we come. Woo hoo!!!
Posted by tigerbutt
Deep South
Member since Jun 2006
26091 posts
Posted on 3/14/16 at 10:27 am to
pussification of America going strong
Posted by Master of Sinanju
Member since Feb 2012
11870 posts
Posted on 3/14/16 at 10:27 am to
Including child support?
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84349 posts
Posted on 3/14/16 at 10:28 am to
This reminds me of the case in Jackson, MS. A judge will say, "Well, you have $10,000 in unpaid fines for your arrest, so you have two choices: you can go to jail, or you can work for the city for free." I see it happen all the time.

LINK

quote:

On Friday, Equal Justice Under Law, a public interest law firm in Washington, D.C., and the MacArthur Justice Center at the University of Mississippi School of Law filed the lawsuit, which alleges the city operates an “illegal debt collection scheme” in violation of the 13th amendment.


quote:

In a system city prosecutors call “pay or stay,” those who are jailed either “sit out” their debts in Hinds County jail at $25 per day or “work off” their debts at $58 a day at the Hinds County Penal Farm, court records show. One plaintiff in the case spent more than six months working in the penal farm before he was released and placed on a payment plan.




Posted by CAD703X
Liberty Island
Member since Jul 2008
91098 posts
Posted on 3/14/16 at 10:28 am to
quote:

I'm fine with it.
iswydt
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465159 posts
Posted on 3/14/16 at 10:28 am to
quote:

I have never seen anyone thrown in jail for the singular reason of inability to pay

i have
Posted by BigB0882
Baton Rouge
Member since Nov 2014
5417 posts
Posted on 3/14/16 at 10:28 am to
I am not sure how I feel on this topic but if we can't jail them then how in the world can you force them to pay it? And if they just don't want to pay at first but then the fines are so immense that they truly can't pay it, what do you do? You can't just say they will have a hold on their license either, because that doesn't stop people. I guess you could garnish from wages or tax returns but you will always have people cheating the system and living off the government.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465159 posts
Posted on 3/14/16 at 10:30 am to
yeah but think of it this way

ignoring how these are typically just ways to pay for bloated court systems, extra police/duties, etc

if a person can't pay, the agency isn't going to get that money. how does the system make sense that now we have to spend countless thousands of dollars to jail that person. on top of that, many lose jobs, further eroding the economic benefit. it's a net loss
Posted by Montezuma
Member since Apr 2013
3659 posts
Posted on 3/14/16 at 10:34 am to
Is jail for parking tickets a rational consequence? Does it serve a point, is the return greater than the cost (how much does it cost to jail someone)? I would rather public money not go to keeping jails filled on petty bullshite.
Posted by Hester Carries
Member since Sep 2012
25050 posts
Posted on 3/14/16 at 10:35 am to
This is good. Thats not what jail is for.
Posted by CajunAlum Tiger Fan
The Great State of Louisiana
Member since Jan 2008
8005 posts
Posted on 3/14/16 at 10:37 am to
quote:

if a person can't pay, the agency isn't going to get that money. how does the system make sense that now we have to spend countless thousands of dollars to jail that person. on top of that, many lose jobs, further eroding the economic benefit. it's a net loss



Except for the for-profit prisons, right?

Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/14/16 at 10:41 am to
If you don't enforce fines, how are you going to collect fines?

If you don't collect fines, how do you pay for the indigent defenders board, victim assistance programs, etc?

What about paying jurors? Do we take away juror day pay? Can we have jurors pack their own sack lunch?

Where does the court receive this funding? Increased taxes?
This post was edited on 3/14/16 at 10:48 am
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