Birmingham ordered to end debtors' prison

Debtors' prison - the practice of jailing folks who cannot pay a debt - was thought to have gone out with the 19th century. But in Birmingham, Alabama, it was going on until just a few weeks ago when a court halted it.

The city of Birmingham had a policy that created a double standard for those charged with small crimes. A person who could afford to pay a fine got fined. But if you couldn't pay it, you got sent to jail. Poor citizens had to serve a day in jail for every $15 they owed.

The policy was tailor-made for the bloated corrections-industrial complex, and other places around the country have adopted similar policies. A few years ago in my area they were making people who were jailed for minor crimes pay for their jail stay - and sentencing them to additional community service if they couldn't pay it. It was a "gotcha!" practice. Kind of like when your school suspends you for wearing the wrong color of shirt, then counts the suspension as an unexcused absence, leading to further punishment. Like the school system, the "justice" system itself is a class crime against the poor.

With everything illegal nowadays, a lot of fines have been levied. And in Birmingham, that's meant a lot of jail time for a lot of poor people who committed only minor violations - because Birmingham automatically converted fines into jail time for the poor. One man who had over $5,000 in traffic fines was ordered to serve over 3 years in jail.

The result of this was that poor people found guilty of misdemeanors in Birmingham served more jail time than they would have if they had committed a felony just outside the city.

But now, thanks to a federal lawsuit against the city, judges in Birmingham will no longer automatically sentence the poor to jail if they can't pay a fine. Now judges are required to consider whether a defendant is able to pay a fine.

This ruling might not sit well with the corrections industry that has so much clout with government officials. But it's this industry that's helped fan the prison boom and the rise of the police state.

(Source: http://www.al.com/news/birminghamnews/index.ssf?/base/news/120393091986860.xml&coll=2)