In a blistering order yesterday, a county judge in Alabama called enough on one city's use of a private probation company that passes on fees for its work to people convicted of crimes and then throws them into jail when they can't pay. We covered this on the show a couple of weeks ago as the unlikely return of debtors prisons in this country, drawing on a long feature in the New York Times. Shelby County (Alabama) Judge Hub Harrington sees the matter that same way. Ruling in a suit against the town of Harpersville, he writes (pdf):
When viewed in a light most favorable to Defendants, their testimony concerning the City's court system could reasonably be characterized as the operation of a debtors prison. The court notes that these generally fell into disfavor by the early 1800's, though the practice appears to have remained common place in Harpersville. From a fair reading of the defendants' testimony one might ascertain that a more apt description of the Harpersville Municipal Court practices is that of a judicially sanctioned extortion racket. Most distressing is that these abuses have been perpetrated by what is supposed to be a court of law. Disgraceful.
Judge Harrington writes that the list of ways in which constitutional safeguards have been violated is too long to chronicle, but he spells out several. Number eight caught my eye: "Defendants interminably held in the county work release program until all fines and fees are paid in full." In addition to holding folks in debtors prison, he's saying, they're also holding them in indefinite work release -- for profit. While the case continues, Judge Harrington says he's taking over the cases of the folks thrown into jail for not paying.
The company, Judicial Correction Services, Inc., promises to help courts cut recidivism and boost their fine collection. The company has offices in Georgia, Alabama, Florida and Mississippi.
(Image: From a Judicial Correction Services, Inc., video.)
Leave a Comment:
But will the perpetrators of this offense against the Constitution be incarcerated? We can only hope.
I was one unfortunate to be caught in this almost same system here in Michigan. I was found guilty of a DUI (passed field sobriety test but flunked the b-alyzer) Court costs and restitution came to $1,870. And other things I couldn't afford unless rent isn't paid and my family is evicted are: Anklet @ $120/week, phone breathalyzer @ $250/week, and a "boot" on the front wheel of my car @ $170/week. Since I couldn't afford this I opted to spend time at a correctional facility until the time seem fit by those in charge. The district court made their money back and then some and the same with the county regulated correctional facility through reimbursements from the state level. A straight daily fee per prisoner plus "administrative costs"- I wonder how THAT is determined? And since Mothers Against Drunk Driving can scare/threaten indirectly,... I'm sorry influence any elected official, the Great State of Michigan had written into law (as a rider on a bill) some very draconian set of rules to deal with "economically distressed" low-lifes like me. Probation for 3 years, not including the original (2) set by the judge, $900 to the State Treasury (?), $250 to Secretary of State (DMV), restricted license for 2 yrs, MUST attend AA 2x/week for 1 yr, get a psych exam@ $250 out-of-pocket that EVERYONE fails the first time, (I'm not kidding you) get 5 non-family members to personally in writing vouch that I will never do it again, and after that is done I go before a panel of 5 people that grill me about whether I am a hazardous liability to the community and society at large. I haven't drove a car since 2004 since "I be jus' a poor boy." And now I have a spinal injury that makes doctors hesitant to deem me fit to drive. Oh yes, I forgot to mention that I have 3 kids who love me, but the relatives and the wife are another story. WHY COULDN'T I BE RICH?!.That lady that holds the balance scale of justice isn't wearing a blindfold. She now wears an old style green colored accountant visor. And she makes ledger book entries that REALLY please the boss.
Here's what's really at the heart of this issue: the privatization racket. The jails receive both state, and in many cases, federal money for each prisoner every day of their incarceration. Do the math. Why do you think Reagan and the 80's conservatives were so keen on hypercriminilizing marijuana use?
This falls into the "Lets privatize everything to make government smaller" ideas. This is another reason this doesn't work all the time. Private companies need to stay out of public affairs.
I would personally like to thank this judge and all the people that are stepping up to the plate to change this practice. It is also refreshing to read all the comments that understand what is going on here and why certain things can not be privatized for profit. We need the "Wisdom to know the difference" between what government does well, for the people and by the people, and what is ok in the hands of the private sector. Health Care, Prisons, Fire Fighting should not be private, too much goes wrong.
Private Pobation Companies, Private Prisons, Private Juvenile Detention Centers = CORRUPTION, just look up Kids for Cash, Luzerne County, Pa. 2.9 MILLION people in Prison in the USA, highest in the world and there seems to be no end to it. America is under seige and you could be next !!! 90% in Prison are there on Plea Bargains. Right to due Process is a joke because if you don't copperate, your Lawyer will bleed you dry, then drop you and you will be met with intimidation and fear of stiffer sentences from the DA if you don't Plead Guitly - even if it's a trumped up charge and your are NOT Guilty. It's a money making racket and the Courts are the Criminal Enterprise !!! Wake up America - look what is happening to us, ALL Freedoms being taken away
Private Pobation Companies, Private Prisons, Private Juvenile Detention Centers = CORRUPTION, just look up Kids for Cash, Luzerne County, Pa. 2.9 MILLION people in Prison in the USA, highest in the world and there seems to be no end to it. America is under seige and you could be next !!! 90% in Prison are there on Plea Bargains. Right to due Process is a joke because if you don't copperate, your Lawyer will bleed you dry, then drop you and you will be met with intimidation and fear of stiffer sentences from the DA if you don't Plead Guitly - even if it's a trumped up charge and your are NOT Guilty. It's a money making racket and the Courts are the Criminal Enterprise !!! Wake up America - look what is happening to us, ALL Freedoms being taken away
Although the criminal judicial system is broken and is in need of practical, logical and Constitutional repairs, there are many in positions of influence and power (mostly Judges) who can make significant temporary repairs until we as citizens join together and make the changes necessary to Restore our Constitutional Republic!! CLICK BELOW for a awesome example of what must be done all across our nation in order to have God Bless America Again!! As George Washington proclaimed: "Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action." Take the time to let The Honorable Judge Hub Harrington know how much we appreciate his proper decision and how it is going to help the citizens of Harpersville and hopefully the rest of America!! http://blog.al.com/spotnews/2012/07/judge_halts_debtors_prison_by.html
Although the criminal judicial system is broken and is in need of practical, logical and Constitutional repairs, there are many in positions of influence and power (mostly Judges) who can make significant temporary repairs until we as citizens join together and make the changes necessary to Restore our Constitutional Republic!! CLICK BELOW for a awesome example of what must be done all across our nation in order to have God Bless America Again!! As George Washington proclaimed: "Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action." Take the time to let The Honorable Judge Hub Harrington know how much we appreciate his proper decision and how it is going to help the citizens of Harpersville, Alabama and hopefully the rest of America!!
http://blog.al.com/spotnews/2012/07/judge_halts_debtors_prison_by.html