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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 Alfred on Wednesday October 21 2015, @02:22PM

    by Alfred (4006) on Wednesday October 21 2015, @02:22PM (#252754) Journal
    I don't give blood anymore but this hardly discriminatory. Every activity can only be performed by a subset of the population, including breathing. To say that any of those activities will benefit you if done is discriminatory to those who can't do it is life. Life is unfair and harsh, equality does not naturally exist.

    What the judge did was provide an easy out, he didn't mandate anything. He threw a bone to some criminals, there was no physical violation because it was optional. I suspect that he was wanting them to think about helping others or doing something for the common good. Something they wouldn't have normally thought of and something most of us do for free. I also suspect it didn't do that much good.
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  • (Score: 3, Insightful) by Anal Pumpernickel on Wednesday October 21 2015, @04:35PM

    by Anal Pumpernickel (776) on Wednesday October 21 2015, @04:35PM (#252825)

    Life is unfair and harsh, equality does not naturally exist.

    You could use the same reasoning to justify anything. That life is unfair and harsh is no reason to make it even more unfair and harsh. Just the opposite: We should strive to make life more fair.

    What the judge did was provide an easy out

    We could also provide a way out by not creating the problem in the first place. That is, don't give people absurd fines they have no ability to pay and then threaten to send them to a de facto debtors' prison if they can't pay it. There is no real choice here.