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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 zocalo on Wednesday October 21 2015, @09:45AM

    by zocalo (302) on Wednesday October 21 2015, @09:45AM (#252651)
    Assuming it was entirely optional and there was no overt pressure, then I'm leaning towards viewing this as just another form of community service - providing those found guilty with another option for making amends; instead of a combination of jail, fines, and more traditional community service(s), this adds the additional option of donating some blood that they will naturally replenish over a few weeks anyway. There's still the potential of slippery slope aspect to it - how much for a kidney, or some other "redundant" organ? - but for something as benign and potentially useful as giving blood, this seems like a really good deal the judge was offering, and one that seems to have got a lot of takers, judging by the article's description of the scene.
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