Laws are intended to preserve the fabric of society by sanction of desirable conduct, and the prohibition of undesirable conduct. But despite the noble intent of the rule of law many governments use the law for the sole nefarious goal of generating revenue.
The majority of non-violent misdemeanor and traffic offenses are resolved, without the assistance of counsel, by courts with plea bargains. Defendants must pay fines and fees within a limited period of time or be jailed for a period of time proportionate to the amount owed.
However most criminal defendants in the United States earn less than minimum wage and live below the poverty line, and as a result are unable to pay their court mandated fines, and are further penalized with late fees, in addition to jail.
Debtor’s prisons were supposedly outlawed in the United States nearly 200 years ago. In 1833, Congress abolished the practice under federal law. And more than 30 years ago, the U.S. Supreme Court made it clear: Judges cannot send people to jail just because they are too poor to pay their court fines.
But the reality is despite its prohibition by federal statutes, and subsequent Supreme Court decisions –local courts defiantly continue the practice out of necessity for cash. In a national survey conducted , it found that states typically allocate less than two percent of their state budget for the judiciary. Debtors court and mass incarceration did not happen by happenstance.
Lyndon B. Johnson in 1964 signed legislation which purported to address civil rights along with mass poverty within poor, and dilapidated communities by creating jobs, housing and educational opportunities. However the reality is that the legislation has seeded what today has fully materialized into what social scientist call mass incarceration.
The use of the criminal justice system as a political tool to suppress blacks and other ethic groups is an affront to democratic values and must be ferociously opposed by all civilized modern thinkers.