Debtors’ Prison Still A Reality?

According to a recent article by Chris Serres at the Minnesota Star Tribune, courts still order debtors to go to jail when they can't afford to pay a judgment. Not only are the national media largely unaware of this phenomenon, but The New Yorker published an article last April that characterizes debtors' prisons as a pre-20th Century institution, and describes the America as a refuge for debtors.

As many as two out of every three Europeans who came to the American colonies were debtors on arrival. Some colonies were, basically, debtors’ asylums. By the seventeen-sixties, sympathy for debtors had attached itself to the patriot cause.

Jill Lepore of The New Yorker goes on to describe how American treatment of debt has evolved to allow bankruptcy and why this is a good thing.

Debtors’ prison was abolished, and bankruptcy law was liberalized, because Americans came to see that most people who fall into debt are victims of the business cycle, and not of fate or divine retribution.

Even Wikipedia describes debtors' prisons as a thing of the past, or at least an unconstitutional one, according to this 2009 New York Times editorial, "The New Debtors' Prisons."

20th Century Debtors' Prison

Times have changed. To be sure, most Americans who are deep in credit card debt do not have bench warrants issued for their arrest. However, in Illinois, Indiana and other states, a person who's gotten a judgment entered against them can miss a court date and find themselves being hounded by the police.

What about the argument that defendants may owe the money they are being sued for, and should have gone to court? Perhaps the threat of jail is the only way to make them appear in court.

Reporters from The New York Times and The Federal Trade Commission have found that the collection industry is in dire need of repair, and cited numerous, ubiquitous problems. Some of these problems are startling. To wit:

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Yet more prisoners

In the February 8, 2010 issue of National Law Journal, it is reported that the United States currently has 380,000 people in custody, even though they haven't been charged with crimes.

They are immigrants, confined to a sprawling network of more than 270 jails and prisons for weeks or months while proceedings to determine whether they'll be allowed to remain in the country are pending.

The article indicates that concerns are being raised that many of these facilities are substandard, that medical care is lacking and that the prisoners have limited access to legal counsel.

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Conservative Judge: the most harmful thing about marijuana is jail.

Judge James P. Gray is a trial Judge in Orange County, California, a former attorney in the Navy JAG corps, a federal prosecutor in Los Angeles; he has also been a civil litigation attorney for a private law firm. In these two videos, he talks about marijuana and our "failed and hopeless drug policy" in America. According to Gray, it's easier for kids to get marijuana than alcohol because alcohol is regulated by the government and marijuana is regulated by drug dealers on the street. These are excellent videos, caused by a thoughtful judge who is in a position to know. If we started treating marijuana as we do alcohol, we would see five immediate benefits:

California would save $1 Billion in state expenses currently used to prosecute marijuana offenses.

California would generate $1.3B in take revenue per year in California (marijuana is currently the number one cash crop in California, with grapes being #2).

We'd make marijuana less available than it is now, and the quality of marijuana would be better regulated than it is now.

The entire medical marijuana controversy would go away--the Federal government is currently acting like a "bully" harassing sick people.

The hemp industry is a viable industrial crop, more valuable than cotton. You can get more paper from an acre of hemp than an acre of trees, and it's much more environmentally friendly. The diesel engine was originally designed to run on hemp. The sails of the ship "Old Ironsides," The U.S. Constitution were made of hemp fibers. The original copy of the founding document, the U.S. Constitution was made of hemp. It is an extremely valuable crop that we fail to exploit.
. Why don't we treat marijuana like alcohol, even though the majority of people are willing to do this? Why does the federal government care? Here's Judge Gray's belief: At least 75% of everyone in the U.S. who uses any illicit substance uses only marijuana. By legalizing and regulating marijuana, the federal government would no longer justify our "colossal prison-industrial complex." Many government jobs depend on the "war on drugs." Two Congressmen have admitted to Judge Gray that "the war on drugs is not winnable, but it's imminently fund-able." He concludes that the federal government is "addicted to the drug war funding." For more on the harmlessness of marijuana, see this earlier DI post. These videos were produced by Lee Stranahan, a writer, photographer and independent filmmaker. He also blogs for The Huffington Post .

Continue ReadingConservative Judge: the most harmful thing about marijuana is jail.

How shall we punish women who commit murder by having abortions?

Those who vehemently oppose abortion steadfastly claim that abortion is "murder." They want to make it illegal for any woman to have an abortion. Therefore, it seems fair to ask anti-abortionists a simple hypothetical question. Assume that we changed the law and that all abortions were illegal. Under that scenario, how would you punish women who committed "murder" by having abortions?" What do you get when you combine a camcorder, a simple question and a group of fervent anti-abortionists? You get a fascinating set of answers. Where are all of the unflinching statements that the women who have abortions have thus committed murder and that they should all be punished as murderers? There were no such answers. Why all the hedging and squirming? Is it possible that abortion is not really the equivalent of murder? Even in the hearts and minds of those who claim to know for certain that it is "murder"? Assuming that abortion were made illegal, why are so many anti-abortionists so willing to allow a bunch of female murderers walk free without without being penalized under the law? Especially when those who committed the "murder" killed "babies," allegedly with deliberation and premeditation? This January 2008 video was produced by At Center Network, "a project of the Northbrook Peace Committee, Inc., a group that works for justice and nonviolent resolution of conflicts."

Continue ReadingHow shall we punish women who commit murder by having abortions?