When i grew up in New York more than half a century ago, I remember learning about the poor. OK, I learned about poorhouses and how they were made illegal. Way back in 1883.
I, of course, thought this was true everywhere. When I traveled across the US, I saw many a poorhouse that had been closed, because putting people in jail for being poor was a very stupid proposition.
The US Supreme Court ruled that poorhouses were illegal, too. In 1983, their decision in the case Bearden v. Georgia rendered the concept of poorhouses moot. Their ruling said that one could not revoke a defendant’s probation for failure to pay a fine. They also said that fines cannot be turned into a prison sentence; such a determination requires a court decision. This built upon the decision in Williams V. Illinois which ruled that it was illegal to imprison a person simply because one could not pay a fine.
This all makes sense. Except to state and local officials of a certain political party. They are certain that the poor are just lazy and should be made to pay fines. And, if they can’t, they are subject to the whims of for-profit entities that charge fees to the poor, for their costs of administering the collection of said fines. Which becomes a never ending spiral, increasing the indebteness of the person who already is having a hard time paying the imposed fine.
Oh, and to skirt the US Supreme Court, localities run by folks of this certain party have instituted special courts to rule that the fines must be paid- or the poor person be placed in jail. Why special courts? Because when they call them administrative courts, the defendant can be deprived of his or her right to have a court-appointed attorney, special assistance, etc. (You know- they used to call these kangaroo courts, too.)
I first wrote about this two years ago and hoped things would change. They have. They’ve gotten worse. Yup. We really are making progress here in the US.
Back to the Future, anyone?
Always amazes me, Roy, the topics people choose to write about. Exploring UBC posts everyday is like opening a box of assorted bonbons … what surprises in store!
Thank you for the info. It’s something you know … but you don’t give much thought to as you go about your life.
I feel your frustration and anger towards the absurdities of bureaucracies and governments …
THANKS 🙂
HUGS <3
Education is the key, Judy. I have to believe that folks would be repulsed if they knew we were jailing citizens simply because they were unable to pay a fine.
Which political party is this, Roy? I can venture to guess. Putting people in prison for not being able to pay fines is ridiculous on so many levels. Not just morally, but I would imagine that the cost of keeping a prisoner is far more than whatever fine he/she may have owed.
Suerae Stein recently posted..Creative Fun with Mason Jars!
I am with you, Suerae. It is so inane, it would laughable- except that folks languish in prison, hoping to find a way out- by making money to pay their fines.
Well I’ve never heard of any of these kinds of cases but I don’t spend much time keeping up with the paper, etc. On a somewhat related note I have always found it counterproductive to jail a parent for not paying child support. Wage garnishment sure, but can’t see how being locked up helps anyone.
Wage garnishment certainly is a useful tool- for many a debt. But, most of these folks sent to the poorhouse are being incarcerated for failing to pay a fine for littering, for speeding (not reckless driving), for having a missing taillight. That’s simply absurd.
What has happened to the American dream? It is sad that things haven’t changed.
Muriel recently posted..Mistral
The American Dream is only for the rich now, Muriel. Especially when you find out how much it costs. (That will be on my blog soon…)