Part II covers a range of preexisting federal constitutional limitations on imprisonment for criminal justice debt. Nonprofit journalism about criminal justice, A nonprofit news organization covering the U.S. criminal justice system, Intimate portraits of people who have been touched by the criminal justice system. In the United States, debtors prisons were banned under federal law in 1833. ^ While outside the scope of analysis here, Professor Beth Colgan has argued that incarceration for criminal justice debt might also violate the Excessive Fines Clause of the Eighth Amendment. For instance, a number of constitutional provisions contained (or had read in) an exception for fraud.104 The fraud exception has been interpreted to cover cases of concealed assets or fraudulent contracting.105 In some cases, even leaving the state would count as fraud.106 And if a court ordered a party to turn over specific assets, that partys refusal to comply would give rise to the jailable offense of civil contempt of court without offending the constitutional bans.107 Second, courts have held a long list of monetary obligations not to count as debts. Some constitutional provisions limited the ban to debts arising out of contract, as opposed to tort or crime.108 In these places, failure to pay child support or alimony could give rise to arrest and incarceration.109 So too with criminal costs and fines.110 Thus, in most states today one can be imprisoned for failure to pay noncommercial debts, including debts stemming from tort,111 crime,112 taxes and licensing fees,113 child support,114 and alimony.115. "Murther, murther, murther, murther " shouted Free-born John Lilburne from prison. Stat. ^ See infra notes 10315 and accompanying text. This practice both aggravates known racial and socioeconomic in-equalities in the criminal justice system8 and raises additional concerns. Another type of legal claim should be considered alongside Bearden: one based on the many state constitutional bans on debtors prisons.24 These state bans were enacted over several decades in the first half of the nineteenth century, as a backlash against imprisonment for commercial debt swept the nation. (Oct. 10, 2012), http://static.aclu-co.org/wp-content/uploads/2013/12/2012-10-10-Bender-Dailey-Wallace.pdf [http://perma.cc/5F9Y-U7RC]; Letter from Rebecca T. Wallace, Staff Atty, ACLU of Colo., and Mark Silverstein, Legal Dir., ACLU of Colo., to Herb Atchison, Mayor of Westminster, Colo. (Dec. 16, 2013), http://static.aclu-co.org/wp-content/uploads/2014/02/2013-12-16-Atchison-ACLU.pdf [http://perma.cc/7ZZS-X3RL]. I, 16; R.I. Const. . 334, 34546 (2001). ^ See, e.g., Robertson, supra note 3 (describing how a debtors mother and sister scraped together what money they [could]). II, 21; N.C. Const. Through public education and advocacy, the ACLU of Colorado ultimately secured the passage ofHB 1061, which was signed into law in May 2014 and now bans debtors' prisons in Colorado. at 66162. Many kinds of monetary obligations, then, have been held to fall outside the scope of the state bans. ^ See, e.g., State ex rel. at 58 (Douglas, J., concurring in the judgment); see also id. shall become a judgment in the same manner and to the same extent as any other judgment under the code of civil procedure.157 In Florida, convicted indigents assessed costs for due process services are expressly provided with the same protections as civil-judgment debtors.158 But not all collections statutes are so explicit, of course.159. http://www.npr.org/2014/05/24/314866421/measures-aimed-at-keeping-people-out-of-jail-punish-the-poor. Its interesting to note that the Illinois state constitution specifically includes criminal fines. ^ See Recent Legislation, supra note 23, at 1313, 1315. In addition, the ACLU asks for a "bench card" to remind judges in all courts across the state that jail is not a punishment for poverty. ^ See, e.g., State v. Blazina, 344 P.3d 680, 68081, 684 (Wash. 2015); ACLU of Wash. & Co-lumbia Legal Servs., Modern-Day Debtors Prisons 3 (2014), http://aclu-wa.org/sites/default/files/attachments/Modern%20Day%20Debtor%27s%20Prison%20Final%20(3).pdf [http://perma.cc/X66N-G5EA] ([T]he average amount of LFOs imposed in a felony case is $2540. infra notes 5559 and accompanying text (discussing judicially created solutions in certain states). 1892). except the homestead exemption.78 Avoiding broad commentary on the general validity of various state recoupment statutes,79 the Court nonetheless expressed concern with the classification drawn by Kansass recoupment statute, which strip[ped] from indigent defendants the array of protective exemptions Kansas ha[d] erected for other civil judgment debtors,80 including state exemptions from attachment and restrictions on wage garnishment.81 While a state could prioritize its claim to money over other creditors (say, by giving its liens priority), [t]his does not mean . Now, the imprisonment-for-debt claims wouldnt challenge the propriety of assessing such charges in the first place. once we encounter involuntary manslaughter, other crimes of negligence, and various statutory offenses). What are some types of debt that people are sent to jail for not paying? The abolition movement certainly did not intend to exclude such debts from the ban; whether legislatures meant to include them depends upon how sparing ones assumptions about past intent are. Const. Debt collection practices like these have had a devastating impact on people of color in the Atlanta metropolitan area. ^ See Bannon et al., supra note 34, at 6. art. This tiered regulatory model thus gives each state the ability to pursue multiple legitimate ends including both punishment and subsidizing the criminal justice system so long as it doesnt discriminate in applying its own law. Other. art. (prohibiting confinement for traffic violations except in enumerated situations). ACLU affiliates across the country have launched campaigns exposing courts that illegally and improperly jail people too poor to pay criminal justice debt, and seeking reform through public education, advocacy, and litigation. She thought she might get a ticket. It may leave too much discretion in the hands of the same legal actors responsible for the state of play. Oct. 9, 2015) [hereinafter Complaint, Bell v. Jackson], https://assets.documentcloud.org/documents/2455850/15-10-09-class-action-complaint-stamped.pdf [https://perma.cc/3CKT-XXX4] (describing reduction of debt at a rate of $58 per day of work); Karakatsanis, supra note 3, at 262 ($25 per day). New York released prisoners owing less than $25 in 1818, doubled this threshold in 1825, and abolished imprisonment for debt in 1831. May Day and Abolition - CounterPunch.org The Court also likened the classification to the invidious discrimination of Rinaldi v. Yeager, 384 U.S. 305 (1966). The report documents local courts that have a pattern of criminalizing poverty and perpetuating racial injustice through the unconstitutional enforcement of low-level offenses. . See Werdenbaugh, 20 W. Va. at 593, 598. Debtors prisons were outlawed in the United States nearly 200 years ago. ^ See, e.g., Complaint, Jenkins v. Jennings, supra note 24, at 43 (The City prosecutor and City judge do not conduct indigence or ability-to-pay hearings. Const. The statewide lawsuit was filed on behalf of drivers who have had their drivers licenses suspended in violation of their statutory, due process, and equal protection rights. The doctrinal carve-outs for crime suggest that the state bans wouldnt apply to criminal justice debt. art. 2010). Const. This kind of open-ended standard, taken on its own terms, may generate a number of problems. 3, 2013), http://www.acluohio.org/wp-content/uploads/2013/04/2013_0404LetterToOhioSupremeCourtChiefJustice.pdf [http://perma.cc/R3T5-WPEL]. ^ See, e.g., City of Fort Madison v. Bergthold, 93 N.W.2d 112, 116 (Iowa 1958); Voelkel v. City of Cincinnati, 147 N.E. at 6061. at 672. But how could that be? ^ See Charles Warren, Bankruptcy in United States History 52 (1935). Jailing the indigent for their failure to meet contractual obligations was considered primitive by ancient Greek and Roman politicians, and remains illegal and unheard of in most developed countries. L. Rev. 1055, 109899 (2015). Despite the Courts reluctance to rule on an issue not properly briefed, federal courts might return to the issue and confirm that states must apply their bans on imprisonment for debt to costs (and other quasi-civil debts) in a criminal case.150 In fact, the lawsuits against Ferguson and Jennings hinted at this argument,151 although neither complaint cited the Missouri Constitution. at 172627. ^ See Complaint, Fant v. Ferguson, supra note 48; Complaint, Jenkins v. Jennings, supra note 24. The legal revolution which has brought federal law to the fore must not be allowed to inhibit the independent protective force of state law for without it, the full realization of our liberties cannot be guaranteed.). . 22-4513(a) (Supp. Part I describes the contemporary problem with criminal justice debt in greater detail. II, 18; Ark. Read more. . (quoting Lamar v. State, 47 S.E. I, 20; Nev. Const. An Appendix to this Note, available on the Harvard Law Review Forum, provides the critical language of each of the forty-one state constitutional bans. Debtors' Prisons in the United States | Global Wealth Protection art. Why have two tests? State Bans on Debtors' Prisons and Criminal Justice Debt In 2017, the ACLU of Tennessee challenged debtors prisons by taking on a Tennessee law that requires a person who has been charged with a crime or who has served prison time to pay off all court fees and fines within one year or else have their drivers license revoked. art. VI, 15; Tenn. Const. See Charles Dickens, A Christmas Carol and Other Christmas Books 7172 (Robert Douglas-Fairhurst ed., Oxford Univ. This report details the findings of an almost year-long investigation into the ways Nebraskas criminal justice system handles fines and fees imposed on low-income Nebraskans. monetary penalties imposed as a condition of a sentence, including, say, a traffic ticket; fees, which may include jail book-in fees, bail investigation fees5, public defender application fees, drug testing fees, DNA testing fees, jail per-diems for pretrial detention, court costs, felony surcharges, public defender recoupment fees, and on and on and on; and restitution, made to the victim or victims for personal or property damage. II, 13; Or. See Vogt, supra note 94, at 335 n.9; Note, Body Attachment and Body Execution: Forgotten but Not Gone, 17 Wm. Myers v. State, 1 Conn. 502 (1816) (holding that a defendant who rented his carriage on Sunday, a crime punishable by a fine of twenty dollars, couldnt be found guilty without a showing of mens rea). ^ See, e.g., Telephone Interview with Douglas K. Wilson, supra note 7. ; see also Amended Complaint at 2, Cleveland v. City of Montgomery, No. ^ Id. Laws 941, 1152 (to be codified at Mo. ^ For a similar analysis, see State v. Anton, 463 A.2d 703, 70607 (Me. In January 2015, the ACLU filed a federal lawsuit challenging debt collection practices that have resulted in the jailing of people simply because they are poor. See Act of July 9, 2015, 2015 Mo. She was on probation because of a traffic violation. The case was brought on behalf of Kevin Thompson, a black teenager in DeKalb County, Georgia. ^ See, e.g., Mich. Const. 18; Md. Read More. ^ See Complaint, Fant v. Ferguson, supra note 48, at 3. ^ See, e.g., Joseph Shapiro, Civil Rights Attorneys Sue Ferguson over Debtors Prisons, NPR (Feb. 8, 2015, 9:03 PM), http://www.npr.org/blogs/codeswitch/2015/02/08/384332798/civil-rights-attorneys-sue-ferguson-over-debtors-prisons (Weve seen the rise of modern American debtors prisons, and nowhere is that phenomenon more stark than in Ferguson and Jennings municipal courts and municipal jails. Daley v. Datacom Systems Corp., 585 N.E.2d 51 (Ill. 1991), the Supreme Court of Illinois held that municipal fines counted as debts for the purposes of the Collection Agency Act. So, in 1833, Congress abolished the practice under federal law. Read More. In practice, different judges have different criteria for deciphering whether a debtor is indigent. Some judges will determine how much money a debtor has by having him or her complete an interview or a short questionnaire. Const. There are two types: private debt, which may lead to involvement in the criminal justice system, and criminal-justice debt, accrued through involvement in the criminal justice system. . When did they get rid of debtors prisons? - Heimduo In February 2014, the Supreme Court of Ohio released a new "bench card" giving much-needed instructions to Ohio judges to explain how to avoid debtors' prison practices in their courtrooms. Imprisonment-for-debt claims would impose a heightened requirement on financial obligations that, unlike traditional fines and restitution, really further noncriminal goals despite being imposed from within the criminal system. Instead, it seems to be driven primarily by the need to raise revenue, an illegitimate state interest for punishment, and one that, in practice, functions as a regressive tax.9 Second, imprisonment for criminal justice debts has a distinctive and direct financial impact. Did the US ever have debtors prison? - Promisekit.org International Covenant of Civil and Political Rights. Below, seven frequently asked questions about the history and abolition of debtors' imprisonment, and its under-the-radar1 second act. This article has 3 letters to the editor. the united states abolished debtors' prisons in 1929 Purporting to save taxpayer dollars, these outfits force the offenders themselves to foot the bill for parole, reentry, drug rehab, electronic monitoring, and other services (some of which are not even assigned by a judge). Rev. at 26065; Becky A. Vogt, State v. Allison: Imprisonment for Debt in South Dakota, 46 S.D. ^ Id. art. ^ Id. The debt in James had this characteristic, as the underlying statute specified that the total amount . https://harvardlawreview.org/2015/11/state-bans-on-debtors-prisons-and-criminal-justice-debt-appendix.