Justice Department Calls on Courts to End 'Criminalization of Poverty'

[eridani]

http://www.commondreams.org/news/2016/03/14/justice-department-calls-courts-end-criminalization-poverty

The civil rights divisions of the U.S. Department of Justice (DOJ) on Monday released a letter calling on states to crack down on unconstitutional policies that trap low-income people in a cycle of debt and jail.

"The consequences of the criminalization of poverty are not only harmful—they are far-reaching," Attorney General Loretta Lynch said Monday in a statement. "They not only affect an individual’s ability to support their family, but also contribute to an erosion of our faith in government."

The "Dear Colleague" letter (pdf), written by the Civil Rights Division top attorney Vanita Gupta and the Office for Access to Justice director Lisa Foster, calls on courts to stop using fines and fees as a way to raise revenues and jailing those who cannot pay.

It lists seven constitutional principles to help "judicial actors protect individuals' rights and avoid unnecessary harm," including considering alternatives to incarceration for indigent defendants and not hinging access to judicial hearings on prepayment of fines and fees.

Recent investigations and lawsuits have exposed the frequency with which jurisdictions throughout the country have turned their policing and court systems into these kinds of moneymaking schemes—charging exorbitant fees for misdemeanors and civil infractions, using arrest warrants as a collection tactic, and requiring defendants to pay fines before allowing them access to the courts.'