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posted by martyb on Wednesday October 21 2015, @08:15AM   Printer-friendly
from the Judge:-30-days-or-$100?-Arrestee:-I'll-take-the-$100 dept.

The New York Times is reporting on a disturbing courtroom scene in rural Alabama. A circuit judge apparently required those who owe fines to give blood or face incarceration.

From the article:

“Good morning, ladies and gentlemen,” began Judge Wiggins, a circuit judge here in rural Alabama since 1999. “For your consideration, there’s a blood drive outside,” he continued, according to a recording of the hearing. “If you don’t have any money, go out there and give blood and bring in a receipt indicating you gave blood.”

For those who had no money or did not want to give blood, the judge concluded: “The sheriff has enough handcuffs.”

[...] The dozens of offenders who showed up that day, old and young, filed out of the Perry County courthouse and waited their turn at a mobile blood bank parked in the street. They were told to bring a receipt to the clerk showing they had given a pint of blood, and in return they would receive a $100 credit toward their fines — and be allowed to go free.

[...] On Monday, the Southern Poverty Law Center filed an ethics complaint against Judge Wiggins, saying he had committed “a violation of bodily integrity.” The group also objected to the hearing beyond the matter of blood collection, calling the entire proceeding unconstitutional.

Payment-due hearings like this one are part of a new initiative by Alabama’s struggling courts to raise money by aggressively pursuing outstanding fines, restitution, court costs and lawyer fees. Many of those whose payments are sought in these hearings have been found at one point to be indigent, yet their financial situations often are not considered when they are summoned for outstanding payments.

Is it ethical to require blood donations under any circumstance?

Is the threat of jail for non-compliance (given that, theoretically, we don't have debtor's prison in the U.S.) even constitutional?

Is this a Fourth Amendment issue?


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  • (Score: 2) by Runaway1956 on Wednesday October 21 2015, @02:33PM

    by Runaway1956 (2926) Subscriber Badge on Wednesday October 21 2015, @02:33PM (#252765) Journal

    "not everyone has the poper health status"

    That too. I gave blood dozens of times, no problem at all at all. There was an emergency blood drive, in which they brought the blood mobile out to the job site. I wasn't feeling 100% - not really sick or anything, but not really up to snuff. Maybe I had a virus or something. Anyway, I passed out, and it took quite awhile before I came around again. It took a couple weeks before I was back to 100%. Obviuosly, I should have skipped giving blood that day.

    With a judge looking over your shoulder, you don't get the option to skip out, so you'll give blood no matter how badly you're feeling.

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