I, 10; Colo. Const. Read more. Why Are We Still Sending People to Jail for Being Poor? It's Time to References: George Philip Bauer, "The Movement against Imprisonment for Debt in the United States" (Ph.D. Indeed, costs function more as fees for service or taxes than as punishments. ^ See Armstrong v. Ayres, 19 Conn. 540, 546 (1849); Johnson v. Temple, 4 Del. As one might guess, the states have split on whether costs fall within the scope of the bans. Const. But sometimes, the relevant statute explicitly tags the criminal justice debt as civil or as receiving civil protections.152, For example, in some jurisdictions, courts have held that violations of municipal ordinances constitute civil actions.153 In Kansas City v. Stricklin,154 for example, the Supreme Court of Missouri noted that these proceedings are not prosecutions for crime in a constitutional sense.155 Case law in a number of states supports this approach,156 although a fifty-state survey cannot be conducted here. . (14 Gray) 324, 328 (1859). She was on probation because of a traffic violation. 1906); Boarman v. Boarman, 556 S.E.2d 800, 80406 (W. Va. 2001); State v. Burrows, 5 P. 449, 449 (Kan. 1885); see also Thomson, supra note 103, at 364 ([T]he imprisonment is for the contempt and not for the debt. (quoting State v. Becht, 23 Minn. 411, 413 (1877))). ^ This possibility is made more credible by Justice OConnors note in the related case of Bearden v. Georgia that [d]ue process and equal protection principles converge in the Courts analysis in these cases. 461 U.S. 660, 665 (1983). 99-37-13 (West 2015) ([A] default . II, 12 (No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors in such manner as shall be prescribed by law, or in cases of tort or where there is a strong presumption of fraud.); Md. ^ See id. 14, 2015) (notes on file with Harvard Law School Library). Its interesting to note that the Illinois state constitution specifically includes criminal fines. ^ See Recent Legislation, supra note 23, at 1313, 1315. Still, as described below, theres reason to suspect such settlements will not completely solve the problem. at 66162. III, 38; Mich. Const. 1892). Ala. Sept. 12, 2014) [hereinafter Settlement Agreement, Cleveland v. Montgomery], http://www.splcenter.org/sites/default/files/downloads/case/exhibit_a_to_joint_settlement_agreement_-_judicial_procedures-_140912.pdf [http://perma.cc/ZAH6-DFQS]. Most importantly, the 1983 decision in Bearden v. Georgia compelled local judges to distinguish between debtors who are too poor to pay and those who have the financial ability but willfully refuse to do so. ^ Missouris law clamps down on raising revenue through traffic fines and removes incarceration as a penalty for traffic offenses. . Now, those state debtors' prisons are making a comeback and, just like in the past, are having a disproportionate impact on the poor and working-class. See Ill. Const. Victims are told they can avoid jail only if they pay the entire amount of outstanding court fines and fees up front, in full, and in cash. See Settlement Agreement, Cleveland v. Montgomery, supra note 18; Agreement to Settle Injunctive and Declaratory Relief Claims, Mitchell v. City of Montgomery, No. Dir., ACLU of Colo. (Oct. 23, 2014) (notes on file with Harvard Law School Library); Telephone Interview with Alec Karakatsanis, Co-Founder, Equal Justice Under Law (Apr. 357 (1889). Yet Hall was critiquing a blind adherence to mens rea as a ubiquitous doctrine in criminal law. In Lepak v. McClain, 844 P.2d 852 (Okla. 1992), the Oklahoma Supreme Court sustained the contempt-of-court power when used to require the delivery of . PDF Department of Economics Working Paper Series
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