International Courant
A Mississippi metropolis and its police division have been notified by the Division of Justice that jailing folks for unpaid fines with out figuring out if they’ll afford to pay them violates the Structure.
A letter from the DOJ despatched Thursday to the town of Lexington and the Lexington Police Division revealed that their present practices violate the 14th Modification, which prohibits wealth-based detention.
“In current steerage to state courts throughout the nation, the Division of Justice famous the U.S. Supreme Court docket’s s(sic) repeated holdings ‘that the federal government could not incarcerate people solely due to their incapability to pay a effective,'” the letter acknowledged.
In line with the DOJ, the town and LPD are violating the above steerage in two methods: by requiring these arrested to pay down excellent fines earlier than they are often launched from jail and by issuing and arresting folks on warrants for excellent fines.
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The DOJ notified the town of Lexington and its police division that jailing folks for unpaid charges and fines earlier than figuring out if they’ll truly pay them is illegal. (iStock)
On April 20, 2023, the DOJ issued a “Expensive Colleague” letter to courts explaining that folks can’t be imprisoned for excellent fines till it has been decided they’ve the sources to pay the invoice. If the particular person doesn’t have the means to pay, imprisonment is illegal.
“It’s time to deliver an finish to a two-tiered system of justice in our nation by which an individual’s revenue determines whether or not they stroll free or whether or not they go to jail,” Assistant Legal professional Basic Kristen Clarke of the Civil Rights Division mentioned in a DOJ information launch.
Clarke described the observe as “illegal” and mentioned unjustly implementing fines and costs “traps folks and their households in a vicious cycle of poverty and punishment.”
U.S. Legal professional Todd Gee for the Southern District of Mississippi echoed related sentiments in an announcement, noting that “one third of Lexington’s residents dwell under the poverty line.”
Lexington metropolis and police officers advised the DOJ throughout a gathering on Thursday that they may work to make sure the gathering of fines and costs is completed lawfully. (AP Picture/Rogelio V. Solis)
“The burden of unjust fines and costs undermines the objectives of rehabilitation and erodes the group’s belief within the justice system,” Gee mentioned. “Every step we take in direction of truthful and simply policing rebuilds that belief. Lexington and LPD can take these steps now, whereas our investigation is ongoing.”
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The letter comes as a part of an ongoing DOJ investigation into the town and police division in efforts to find out whether or not there are “systemic violations of the Structure and federal legislation associated to make use of of pressure; stops, searches and arrests; discriminatory policing and the proper to free speech.”
The investigation was opened on Nov. 8, 2023.
“Though the investigation continues, the Justice Division decided that it was critically necessary to determine these violations now moderately than ready till the conclusion of the inquiry,” the letter acknowledged.
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DOJ officers met with metropolis and police leaders on Thursday to debate the issues surrounding imprisonment for unpaid fines and fines, and have been advised that Lexington authorities will work to make sure the gathering of fines and costs is completed lawfully.
Mississippi metropolis, PD violating Structure by jailing folks over unpaid charges: DOJ
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