Debtors Prison Becomes A Harsh Reality In The US

Debtors prison is becoming a harsh reality nationwide. In 1983, the US Supreme Court outlawed the practice. However, many communities continue to jail people who simply cannot afford to pay their debt. Representatives with the American Civil Liberties Union claim the practice is not only illegal, it discriminates against the poor.

Many courts are using the threat of jail to collect overdue fines and fees. Fines are imposed on defendants who are convicted of crimes, including traffic violations. Fees are assessed by the court to cover the cost of processing a case. As local courts are hit with budget cuts, the fees are increasing every year. While the average defendant will receive a bill of $250, more complicated cases can cost several thousand.

Those who defend the programs explain that the government has a right to collect the “required fees and court costs.” Otherwise, “law-abiding taxpayers must pay these costs.” As reported by Fox News, the ACLU argues that debtors prison is a waste of money.

Staff attorney Carl Takei explains said the practice is “a waste of taxpayer resources.” He said the idea is “not actually much of a money-making proposition.”

Research conducted by New York University’s Brennan Center for Justice underlines Takei’s point. In 2009, Mecklenburg County, North Carolina, spent $40,000 jailing 246 debtors. Although they eventually collected $33,376 in debt, their total loss was more than $6,500.

The ALCU found that debtors prison is becoming specifically popular in Ohio and Colorado.

In the summer of 2012, 75 people were arrested and jailed in Erie County, Ohio, for overdue fines and fees. In Huron County, up to 20 percent of arrests in the second half of 2012 were associated with unpaid fines. The ACLU found at least seven Ohio counties that regularly jail debtors.

RT reports that residents in Colorado are being jailed for owing as little as $50. Within a period of five months, Jefferson County, Colorado, spent more than $100,000 to house debtors in the county jail.

The ACLU’s reports on debtors prison have led to some much-needed reform. The Ohio Supreme Court has taken steps to educate judges about statutes and restrictions surrounding collections of fines and fees. The ACLU hopes their findings will prompt other jurisdictions to review their procedures, as well.

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