Being poor isn’t a crime. Or is it? Americans living in poverty are more likely to be involved in the justice system than those from other economic groups. It’s partly because they have little to no access to employment and the means by which to keep themselves and their families fed with a roof over their heads. It’s also because high crime rates in poor neighborhoods puts the citizens of those communities in greater contact with police and therefore at a greater risk of arrest (ex. stop and frisk policies of the NYPD). But, there’s another problem at play here and it involves jailing people based solely on the amount of money they have.
An in depth report from the ACLU last month delved into the phenomena of debtor’s prisons. While their report, The Outskirts of Hope looked specifically at the problem in Ohio, it’s happening across the country to one extent or another.
What is a debtor’s prison? It’s a jail or prison that houses people for no other reason than the fact that they are poor. In modern times the term is applied to incarcerating someone because they are unable to pay court fines or costs. They’ve been around since the beginning of corrections, but are now prohibited. In 1983, the U.S. Supreme Court determined that the government cannot jail people simply because they are unable to pay fines and court costs. This, they said, was a violation of the Constitution’s Equal Protection Clause.
Still, they exist.
The ACLU says modern manifestations of a debtor’s prison include:
- holding defendants in contempt for failure to pay fines and costs without due process, notice, or counsel;
- ordering defendants to “pay or appear” and issuing arrest warrants for those who fail to comply; or
- jailing defendants who are too poor to pay their court costs or restitution.
Actions like this are unlawful; they fly in the face of the Constitution. But, they are practiced.
Though the ACLU has focused their attention on one state, Ohio isn’t the only place where the poor are routinely penalized for being broke. In recent years in California, courts were criticized for jailing the homeless in much the same manner. And being jailed for failure to pay fines and costs isn’t the only way in which we ensure poor people are more likely to spend time in jail.
People who live in poor communities are more likely to spend time in jail or prison. They are not afforded the same resources as those in wealthier areas. They may also be more likely to accept the terms of a plea deal rather than go to trial—thinking of their family that depends on their income, their chances of succeeding at trial with a public defender, or the costs of hiring a lawyer.
There are many reasons why being poor increases the likelihood that you’ll spend time incarcerated. And it’s quite unfair when we live in a society where we are all supposedly afforded the same rights and protection under the law.
About David Matson