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?
(Score: 4, Informative) by FakeBeldin on Wednesday October 21 2015, @11:11AM
This.
If the fines are owed and legal, then it's the judiciary branch's responsibility to oversee collecting of those fines. In this instance, they chose to widen the possibilities for paying a fine. Don't like that option? No problem: you'll just fall under the old regime.
An alternative headline, spinning it differently:
Blood drive allows offenders to avoid jailtime without settling their fines
From the summary, this seems to be what happened. As others have pointed out, the judiciary branch has used its discretion before to allow community service to substitute for fines, so I also fail to see what the hoo-ha is about.