Debtors’ prisons were banned under federal law in 1833. A century and a half later, in 1983, the Supreme Court affirmed that incarcerating indigent debtors was unconstitutional under the Fourteenth Amendment’s Equal Protection clause.
Yes, a person may be jailed while awaiting trial because they could not afford bail and could not afford the non-refundable 10% a bail bondsman charges. But that is not the only way people end up in jail. A creditor, or a debt collector hired by the creditor, may bypass bankruptcy court and take the debtor straight to civil court. If the debtor fails to show up, or if the judge deems that the debtor is “willfully” not paying the debt, the judge may write a warrant for the debtor’s arrest. A person owing money in a civil case may end up being charged criminally for "failing to appear in court," "disobeying a court order," or for "contempt of court." While a criminal defendant is afforded legal counsel, a person owing money may end up in jail without having had a lawyer.
Then there are criminal justice financial obligations, or "offender-funded" justice. These are fines, fees, and restitution. Included are traffic tickets, jail book-in fees, bail investigation fees, public defender application fees, drug testing fees, DNA testing fees, jail per-diems for pretrial detention, court costs, felony surcharges, public defender recoupment fees, and restitution owed to the victim or victims for personal or property damage. An offender may also have to pay the costs of imprisonment, parole, and probation, which may include fees for re-entry (into society), drug rehab, and electronic monitoring.
And if an offender or ex-offender fails to pay any of this debt, the court will outsource the debt to a private debt collector, and the process of taking the debtor to court begins all over again.
These debts affect creditworthiness, eligibility for a driver’s license, and any employment an "offender" may have had. These debts make it harder to get a job, get a home, get a loan, or otherwise find a way to avoid more jail time while trying to repay that existing debt.
Welcome to America.
The US bail system punishes the poor and rewards the rich
Ending Modern-Day Debtors' Prisons
Debtors’ Prisons, Then and Now: FAQ
Yes, a person may be jailed while awaiting trial because they could not afford bail and could not afford the non-refundable 10% a bail bondsman charges. But that is not the only way people end up in jail. A creditor, or a debt collector hired by the creditor, may bypass bankruptcy court and take the debtor straight to civil court. If the debtor fails to show up, or if the judge deems that the debtor is “willfully” not paying the debt, the judge may write a warrant for the debtor’s arrest. A person owing money in a civil case may end up being charged criminally for "failing to appear in court," "disobeying a court order," or for "contempt of court." While a criminal defendant is afforded legal counsel, a person owing money may end up in jail without having had a lawyer.
Then there are criminal justice financial obligations, or "offender-funded" justice. These are fines, fees, and restitution. Included are traffic tickets, jail book-in fees, bail investigation fees, public defender application fees, drug testing fees, DNA testing fees, jail per-diems for pretrial detention, court costs, felony surcharges, public defender recoupment fees, and restitution owed to the victim or victims for personal or property damage. An offender may also have to pay the costs of imprisonment, parole, and probation, which may include fees for re-entry (into society), drug rehab, and electronic monitoring.
And if an offender or ex-offender fails to pay any of this debt, the court will outsource the debt to a private debt collector, and the process of taking the debtor to court begins all over again.
These debts affect creditworthiness, eligibility for a driver’s license, and any employment an "offender" may have had. These debts make it harder to get a job, get a home, get a loan, or otherwise find a way to avoid more jail time while trying to repay that existing debt.
Welcome to America.
The US bail system punishes the poor and rewards the rich
Ending Modern-Day Debtors' Prisons
Debtors’ Prisons, Then and Now: FAQ
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