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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, @03:42PM

    by Runaway1956 (2926) Subscriber Badge on Wednesday October 21 2015, @03:42PM (#252803) Journal

    http://www.breitbart.com/big-government/2014/03/26/fbi-dumps-southern-poverty-law-center/ [breitbart.com]

    The SPLC is a hate group, in and of itself, enabling terrorists to attack Christians. And, the FBI doesn't want the SPLC to be affiliated with them.

    "SPLC has come under severe criticism from the left and the right in recent years.

    Writing in the left-wing website Counterpunch, Alexander Coburn called SPLC founder Morris Dees “king of the hate business.” Coburn wrote, “Ever since 1971, U.S. Postal Service mailbags have bulged with Dees’ fundraising letters, scaring dollars out of the pockets of trembling liberals aghast at his lurid depictions of hate-sodden America, in dire need of legal confrontation by the SPLC.” In fact, so prolific is Dees at direct mail that he is in the Direct Marketing Association Hall of Fame."

    http://www.thesocialcontract.com/answering_our_critics/southern_poverty_law_center_splc_info.html [thesocialcontract.com]

    From the article When a hate crime is something to love:

    ...Morris Dees [founder of the Southern Poverty Law Center] won a judgment for a black woman whose son was killed by Klansmen. She received $51,875 as settlement. Mr. Dees, according to an investigation by the Montgomery Advertiser, pulled in $9 million from fund-raising solicitation letters that featured a particularly gruesome photograph of the grieving mother's son. Mr. Dees, who pays himself an annual salary of $275,000, offered the grieving mother none of the $9 million her son's death made for him.

    Mr. Dees, in fact, earns - or is paid, which is not necessarily the same thing - more than nearly any officer of other advocacy groups surveyed by the National Journal, more than the chairmen of the ACLU, the NAACP Legal Defense Fund and the Children's Defense Fund.

    "You are a fraud and a con man," Stephen Bright, director of the Southern Center for Human Rights, which actually takes on dozens of death-penalty appeals for poor blacks every year, once told him. "You spend so much, accomplish so little, and promote yourself so shamelessly."...

    White guilt can be manipulated with black pain, but it has to be done carefully. It's a sordid scam. Some people would call what Morris Dees does a hate crime, but it's a living, and a very good one.

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