After reading the Department of Justice report on the Ferguson, Mo. Police Department earlier this month, I was struck by a number of the issues raised by the DOJ. For example, I was more than a bit intrigued by what the DOJ considered to be unconstitutional when investigating the routine practices of Ronald Brockmeyer, the municipal judge in Ferguson. The fact that the constitutionality of his practices, those of prosecutors office, and the clerk were brought into question certainly raised an eyebrow or two around my house. Why? Because the issues that the DOJ brought to light, these revenue generating practices deemed unconstitutional, are common in thousands of counties around the country.
They are certainly common in my county, and the fact that judges, police officers, and prosecutors are driven more by their interest in generating revenue (or keeping their numbers up), than they are in actually serving and protecting citizens is not incredibly shocking to anyone who has any experience or knowledge of the criminal justice system. However, I am a bit perplexed that the DOJ maintains that these practices are "not common" around the country, and that Ferguson, MO. is simply an anomaly, and not representative of the entire criminal justice system. This position is either extremely naive, or is entirely political and disingenuous.
For example, individuals in the county where I live are routinely sentenced to 60 days is jail for a first offense Driving with a Suspended License, which comes with a $50 per day incarceration fee. These are not habitual offenders, they are not a danger to society, and they are more often than not, incapable of paying these fees upon their release. Certainly, not all of these individuals are immediately thrown into jail, some are given the opportunity to return to court in a given number of days with proof that they have obtained their drivers license.
However, many cannot, many have unpaid fines that they cannot afford to pay, many are driving on suspended licenses because they have no choice, they must go to work, they must pick up their children, they must get to the grocery store, etc. These individuals often live in rural areas where driving is required, where low pay and unemployment is rampant, and many have had their licenses suspended because they simply could not afford all of the fines and fees associated with settling the matter. In essence, they are caught in a vicious cycle.
This cycle is extremely beneficial to the county's coffers, as failing to return to court with proof of your license in good-standing will result in being thrown into jail. Every individual is told that if they fail to comply with courts demands, they will receive jail time, and are summarily informed that they will be paying $50 per day for that stay. You will find the following disclosure attached to every misdemeanor traffic case in my county:
Should you fail to comply with the requirements of the sentence by the due date, you are hereby notified that at the time this Court issues an Order directing your commitment to the Marion County Jail it will also issue a civil restitution lien against you in an amount of $50.00 for each day of the imposed sentence pursuant to Chapter 960 of the Florida Statutes.
Clearly in these cases, it is not in the county's best interest to be reasonable with regard to sentencing on any matter, it is not in their best interest to provide rational penalties for minor infractions, because quite simply, doing so is not profitable.
Under no circumstances should an individual charged with a relatively minor, non-habitual traffic violation spend time in jail, and yet, this is not uncommon in many counties. Perhaps the only way to ensure that judges do not systematically use their authority to upend an individual's ability to free themselves from this cycle, solely for the financial benefit of the county, is to end this for-profit sentencing system. Unfortunately, both federal and state courts continue to uphold the legality of incarceration fees.
As of 2010, there were at least twenty-four states with statutes that authorize incarceration fees. Clearly, this is a conflict of interest, judges are simply more likely to issue jail time for the purpose of generating revenue, rather than for protecting citizens. Moreover, the fact that they are exploiting these laws in some states to levy hefty fees for minor first-offense infractions is a clear indication that this issue must be addressed.
It is estimated that a third of the nation’s 3,000-some county jails levy room-and-board fees. The following are a handful of examples of practices that are common throughout our nation, Riverside County, California’s charges prisoners $142.42 per day, Oregon’s city council authorized its jail to charge inmates $60 a day, Franklin County, Ohio charges inmates $40 a day to stay in their jail. http://www.brennancenter.org/...
The 8th Amendment provides that “[e]xcessive bail shall not be required, nor excessive fines imposed..." This practice imposes an unnecessary burden on inmates and their families, and disproportionally affects racial and ethnic minorities, and those of low socioeconomic status. These policies not only create barriers to reentry, they encourage a cycle of poverty.
I humbly seek your support in bringing this matter to the attention of those who are best equipped to address this issue.
I have started a petition here: http://wh.gov/...