CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, April 21, 2016

"Why I refuse to send people to jail for failure to pay fines"

Judge Edward J. Spillane III has this piece in the Washington Post. In part:

What to do with these cases? In Tate v. Short , a 1971 Supreme Court decision, the justices held that jail time is not a proper punishment for fine-only criminal cases, citing the equal protection clause of the 14th Amendment. But in many jurisdictions, municipal judges — whether they’re overworked, under pressure to generate revenue through fees, skeptical of defendants’ claims to poverty or simply ignorant of the law — are not following the rules. As a result, far too many indigent defendants are cited for contempt of court and land behind bars for inability to pay.

There’s another way, and I’ve been experimenting with it in my own courtroom.

https://lawprofessors.typepad.com/crimprof_blog/2016/04/why-i-refuse-to-send-people-to-jail-for-failure-to-pay-fines.html

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