ACLU Report Exposes Debtors’ Prison Practices in New Hampshire
Source: NH Labor News
CONCORD The U.S. Constitution and New Hampshire state law prohibit courts from jailing people for being too poor to pay their legal fines, but local courts throughout New Hampshire are doing it anyway. The ACLU of New Hampshire (ACLU-NH) today released Debtors Prisons in New Hampshire, a report that chronicles a year-long investigation into New Hampshires debtors prison practices.
This investigation was initiated after the ACLU-NH handled three cases in 2014 where two Superior Court Judges and the New Hampshire Supreme Court granted relief to three indigent individualsAlejandra Corro, Richard Vaughan, and Dennis Suprenantwho were (or were going to be) illegally jailed by circuit courts due to their inability to pay fines. These cases, which are described in the Personal Stories section of the report, show that debtors prison practices can counterproductively lead to termination of an individuals new employment, impede ongoing efforts of that individual to gain employment, and prevent struggling parents from caring for their infant children.
Being poor is not a crime in this country, said Devon Chaffee, Executive Director of the ACLU-NH. Incarcerating people who cannot afford to pay fines is both unconstitutional and cruel. It takes a tremendous toll on precisely those families already struggling the most.
The law requires that courts hold hearings to determine defendants financial status before jailing them for failure to pay fines, and defendants must be provided with lawyers for these hearings. If a defendant cannot pay, the court must explore options other than jail.
FULL story at link.
Prison Walls (Babak Farrokhi FLIKR)
Read more: http://nhlabornews.com/2015/09/aclu-report-exposes-debtors-prison-practices-in-new-hampshire/
About NH Labor News
The New Hampshire Labor News is a group of NH Workers who believe that we need to protect ourselves against the attacks on workers. We are proud union members who are working to preserve the middle class. The NHLN talks mostly about news and politics from NH. We also talk about national issues that effect working men and women here in the Granite State.
lark
(23,065 posts)If you have a driving ticket and can't pay it, your fines double and if that's not paid they suspend your license and put out a warrant for your arrest. I, trying to help my son, paid over $800 in fines and fees to take care of 2 tickets plus penalties plus court costs for driving 10 miles over the speed limit and later driving on a suspended license. This all happened when he was unemployed and totally broke. Then the wonderful state of FL suspended his license again because paying the fines meant admitting to guilt. I really hate this state.
NonMetro
(631 posts)The state hounds people, especially with suspended licenses, and they tack on what are called "driver responsibility" fees on top of the fines before they can get their licenses back. Men here are also jailed for back child support, and they sit in jail until a payment is made - usually by a relative. That's where the debtors prison really started here - child support.
cstanleytech
(26,236 posts)to a % of a persons income (and yes that includes anything get from stock shares as income) before taxes and base it on that and for the very poor they should offer alternatives like for example community service in lieu of cash.
marble falls
(57,013 posts)prisons in 2013. Nevermind.
ret5hd
(20,482 posts)Or are you just pissed about the general attitude regarding private prisons?
marble falls
(57,013 posts)were expanding into a new marketing niche: debtor's prison. I discovered after I asked the question that NH outlawed private prisons in 2013.
BTW: Yes, I hate private prisons.
Sunlei
(22,651 posts)bucolic_frolic
(43,062 posts)Libertarian hooey.
Pharaoh
(8,209 posts)It costs a fuck of a lot more for the state to jail them that the fine is likely worth!
valerief
(53,235 posts)aspirant
(3,533 posts)why aren't they charged with crimes and put in orison?