American Judges Are Attacking Debtor's Prison

American Judges Are Attacking Debtor's Prison
Albert Cesare/The Montgomery Advertiser via AP

The American jail system is an abomination. Over three-fifths of people who are in jail (as opposed to prison) have not been convicted of a crime. And of those, a large fraction are there because they cannot afford bail. That is a gross violation of the Fifth Amendment, which states that no person can "be deprived of life, liberty, or property, without due process of law."

But mass incarceration of people simply because they are poor is also the natural outgrowth of a jail system that is chronically underfunded, locally administered, and concerned more with warehousing troublemakers than with constitutional due process.

However, things have started to change — most recently by something called a model bench card for justices. It says that nobody can be jailed for nonpayment of fines without a hearing establishing that they had the money and deliberately refused to pay, or that nonpayment was not the defendant's fault and alternatives to incarceration were inadequate.

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