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Both Liberals And Conservatives Should Be Able To ‘Just Say No’ To Debtors Prisons

Real life isn't like Monopoly where you keep collecting rent on your properties while in jail.

by
John Hawkins

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May 7, 2013 - 11:00 am
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Debtors prison

Very seldom do liberals and conservatives agree on much of anything these days, but there is one area where we should have some common cause. Over at the liberal website Alternet, Bill Berkowitz has written a piece called, “Cruel Country: Debtors Prisons Are Punishing the Poor Across America”:

In the 1990s, Jack [Dawley's] drug and alcohol addictions led to convictions for domestic violence and driving under the influence, resulting in nearly $1,500 in fines and costs in the Norwalk Municipal Court. Jack was also behind on his child support, which led to an out-of-state jail sentence.” After serving three and a half years in Wisconsin, Dawley, now sober for 14 years, is still trying to catch up with the fines he owes, and it has “continue[d] to wreak havoc on his life.”

…The jailing of people unable to pay fines and court costs is no longer a relic of the 19th century American judicial system. Debtors’ prisons are alive and well in one-third of the states in this country.

In 2011, Think Progress’ Marie Diamond wrote: “Federal imprisonment for unpaid debt has been illegal in the U.S. since 1833. It’s a practice people associate more with the age of Dickens than modern-day America. But as more Americans struggle to pay their bills in the wake of the recession, collection agencies are using harsher methods to get their money, ushering in the return of debtor’s prisons.”

…This year’s ACLU report….points out that many poor “Ohioans … convicted of a criminal or traffic offense and sentenced to pay a fine an affluent defendant may simply pay … and go on with his or her life [find the fine] unaffordable [launching] the beginning of a protracted process that may involve contempt charges, mounting fees, arrest warrants, and even jail time. The stark reality is that, in 2013, Ohioans are being repeatedly jailed simply for being too poor to pay fines.”

According to the report, Ohio courts in Huron, Cuyahoga, and Erie counties “are among the worst offenders. In the second half of 2012, over 20% of all bookings in the Huron County Jail were related to failure to pay fines.

…CBS Money Watch’s Alain Sherter recently reported that “Roughly a third of U.S. states today jail people for not paying off their debts, from court-related fines and fees to credit card and car loans, according to the American Civil Liberties Union. Such practices contravene a 1983 United States Supreme Court ruling that they violate the Constitutions’ Equal Protection Clause.”

Wreaking havoc on ordinary peoples’ lives

Jack Dawley: “You’d go do your ten days, and they’d set you up a court date and give you another 90 days to pay or go back to jail… It was hard for me to obtain work, so I fell back into the cycle of going to jail every three months.”

Paying money to people you owe can’t just be an “optional” thing. The government must be allowed to force people to pay their debts or our entire system of commerce would break down. That being said, it’s immoral, unconstitutional and even counter-productive to put someone in jail for being truly unable to pay his debts. How are you going to earn enough to pay what you owe if you’re in jail?

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All Comments   (4)
All Comments   (4)
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Sentencing people justly fined to a short time in jail in lieu of the fine if they can't pay is both just and merciful. They key point being that the jail sentence is proportionate to the fine and that upon release from jail, the fine is no longer owed. However, no one should be sentenced to jail for a debt that will still be owed upon release.
1 year ago
1 year ago Link To Comment
what owing the irs? i guess that's jail time for not being patriotic.
1 year ago
1 year ago Link To Comment
Prison pays-for the jailers.
1 year ago
1 year ago Link To Comment
It was once said that the poor are a goldmine. Here again it is true. While the poor might not be able to pay those fines, think about all the police, court officials, and bureaucrats who the taxpayers keep employed to deal with these debtors. Extrapolate that across the whole of government and wonder why no one is serious about cutting the welfare state.
1 year ago
1 year ago Link To Comment
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