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Justice Dept.: States shouldn't jail over fine nonpayment
Associated Press ^ | Mar. 14, 2016 7:09 AM EDT | Eric Tucker

Posted on 03/14/2016 4:16:03 AM PDT by Olog-hai

The Justice Department is discouraging state court systems from jailing defendants who fail to pay fines or fees, warning against practices that it says run afoul of the Constitution and erode community trust.

A letter being sent Monday by the federal government to state court administrators makes clear that judges should consider alternatives to jail for poor defendants who don’t pay their fines. It also says defendants should not be locked up without a judge first establishing that a defendant who failed to pay did so willfully. […]

The new guidance comes amid concerns that some local courts are effectively punishing poor people for their poverty by imposing crippling fines and fees that, when unpaid, can result in jail time. That practice was exposed last year in a scathing federal report on the Ferguson, Missouri city government in which the Justice Department concluded that the municipal court prioritized revenue over safety and routinely issued arrest warrants to residents who had failed to pay fines for petty offenses. …

(Excerpt) Read more at bigstory.ap.org ...


TOPICS: Crime/Corruption; Government
KEYWORDS: 10thamendment; 8thamendment; doj; excessivefines; fine; fines; lorettalynch; nonpayment
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1 posted on 03/14/2016 4:16:03 AM PDT by Olog-hai
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To: Olog-hai

How about some ‘crippling jail time’ for Hillary Rodham Crook?


2 posted on 03/14/2016 4:18:16 AM PDT by Gaffer (He a)
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To: Olog-hai

Get outta jail free card.


3 posted on 03/14/2016 4:18:51 AM PDT by Graybeard58
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To: Olog-hai

Gee, Wally—How many of these defendants who fail to pay fines or fees do you think are Black and/or Democrat?


4 posted on 03/14/2016 4:19:24 AM PDT by Arm_Bears (Rope. Tree. Politician/Journalist. Some assembly required.)
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To: Olog-hai

Why bother paying taxes then? If you get to some level of stupidity....it’s just one more step to say community distrust involves taxes as well.

If this bothers the justice department so much....just get rid of the silly laws and skip congress. Invalid the laws affected and just cruise on.


5 posted on 03/14/2016 4:20:07 AM PDT by pepsionice
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To: Olog-hai
What else should those judges do for 'em, bake 'em a pie?


6 posted on 03/14/2016 4:21:18 AM PDT by Prospero (Omnis caro fenum)
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To: Olog-hai
More liberal BS.

"fine (fīn) n. 1. A sum of money required to be paid especially to the government as a penalty for an offense."

Why impose it if it is not going to be required to be paid. In other words your offense wasn't illegal to start so it OK for you and others to continue to do it.

7 posted on 03/14/2016 4:21:54 AM PDT by CGASMIA68
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To: Olog-hai

Obama wants his protesters released.


8 posted on 03/14/2016 4:24:22 AM PDT by chopperman
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To: Olog-hai

Translation, “minorities shouldn’t have to pay fines”.


9 posted on 03/14/2016 4:25:13 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: Olog-hai

Petty offenses are really about raising revenue.

And do you really want to have cops use scarce jail space to lock up people who are no real threat to society?

We should get rid of that blight on the justice system.


10 posted on 03/14/2016 4:25:26 AM PDT by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: Olog-hai

Jail time for all offences with not option for fines?

5 mph over will give you 5 hours in jail? Is this the end game? Should help reduce the profitability of the speed trap.


11 posted on 03/14/2016 4:28:34 AM PDT by Mark was here ("The future must not belong to those who slander the prophet of Islam" - Obama.)
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To: Mark was here

A judge should establish if someone was hurt or killed before proceeding to punishment.

If the answer is no, dismiss the case.


12 posted on 03/14/2016 4:31:20 AM PDT by goldstategop ((In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever))
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To: Gaffer

Oh. So “the poor” (democrat welfare (er, voters)) get a “new right”? to further scam the taxpaying remainder of the population?


13 posted on 03/14/2016 4:33:54 AM PDT by Robert A Cook PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Olog-hai

The various governments coercing money out of people is a pet peeve of mine. (I’ve got a little sleeping area and special food for it.) Apparently the topic is beginning to gain attention for the first time I’ve seen. The article addresses arresting people who haven’t paid their fines. The problem is they are trying to determine if they “willfully” haven’t paid them or they just can’t afford them. I think the whole concept of what we get fined (punished) for needs a second look. They don’t address whether the jail time served is in lieu of the fine or they simply keep you there until you cough up the money. That can be a long time and when does the concept that you can’t send people to jail without a trail come into play? Also, isn’t taking somebody’s license (and thus their livelihood) also count as house arrest?

Similar to this was the woman they sent to prison (prison, mind you, not jail) because her teenage son repeatedly skipped school. This too was a revenue issue, not a criminal issue. The woman was murdered while in prison. How can anybody justify putting otherwise law abiding citizens in dire danger like jail or prison when they have done nothing criminally wrong?

Notice there is two million dollars set aside to “study” the issue. Yeah, I’ll bet they’ll “study” real hard. Probably at multiple golfing getaways.


14 posted on 03/14/2016 4:36:04 AM PDT by Gen.Blather
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To: goldstategop

Not the DOJ’s jurisdiction.

And that’s aside from the constitutionality of the DOJ.

Notwithstanding, I and others seem to be able to not commit even these petty offenses.


15 posted on 03/14/2016 4:36:08 AM PDT by Olog-hai
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To: Olog-hai

Now we’re going to have a progessive law enforcement too? We did that with taxes now with criminal punishment?


16 posted on 03/14/2016 4:36:45 AM PDT by major-pelham
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To: Prospero

around his neck is a metal ornamental dodad of some sort

I watched all the episodes of the Tudors and all the3 guys wore something similar. Does any one know what they are?


17 posted on 03/14/2016 4:37:46 AM PDT by bert ((K.E.; N.P.; GOPc;+12, 73, ....carson is the kinder gentler trump.)
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To: Gen.Blather

Funny how it’s an authoritarian DOJ that is “looking” at them, and in response to Ferguson’s non-issues.


18 posted on 03/14/2016 4:37:49 AM PDT by Olog-hai
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To: Robert A. Cook, PE

Because I call for the DoJ to their job to prosecute Hillary, I am FOR giving the welfare leeches a ‘new right’?

Absurd. I neither said or implied anything of the sort.


19 posted on 03/14/2016 4:38:43 AM PDT by Gaffer (He a)
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To: Olog-hai

There should be some real punishment in lieu of a fine....... work

pay the fine or work it out collecting hiway trash or washing county cars


20 posted on 03/14/2016 4:39:18 AM PDT by bert ((K.E.; N.P.; GOPc;+12, 73, ....carson is the kinder gentler trump.)
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