Birmingham settles federal suit; will no longer automatically jail indigents

[flashl]

Birmingham settles federal suit; will no longer automatically jail indigents unable to pay misdemeanor fines

City settles federal lawsuit; judge must weigh ability to pay

The City of Birmingham has agreed to no longer automatically jail defendants who are unable to pay fines and costs for misdemeanor crimes.

In settling a 2006 federal lawsuit, city officials acknowledged that there were certain procedures judges in the Birmingham Municipal Court system did not follow when dealing with indigent defendants.

...

The suit, filed in Birmingham's federal court, accused the city of operating a dual system of justice that punished those who cannot pay fines more severely than those who can. The suit also claimed the city converted days in jail for fines and costs that resulted in a sentence that exceeded the maximum allowed by law.

Under the settlement, before fines, costs or restitution are converted to days in jail at the proper rate of $25 per day, the judge must determine a defendant's ability to pay. In the past, the city's automatic conversion of fines and costs to days in jail was at a rate of $15 per day.

Birmingham News

[knitter4democracy]

1. That is a rather odd system, isn't it.

I mean, it costs how much to how each inmate each day? So, how much is the state out for keeping people in jail for days on end rather than working out a better system for fines? What about working it off with the community service option? They use that for rich kids who break serious laws, so why not expand it for those who can't afford to pay the fines the court levies?

[bobbolink]

2. Think about that for a minute, though.... Rich kids have more time on their hands.

What about a single mother of three, working long hours to try to provide for her children.

How is "community service" going to enable her to be a parent, or hold down her job(s)?

Will her kids be taken away because she has to do 500 hours of community service and can't be there for them?

There are SERIOUS flaws with our "justice" system, and it's time for a serious overhaul!

[cutlassmama]

3. At least they had a place to sleep and three meals a day.

Probably a loss for the indigent.