NAACP, human rights group sue Gulfport over poor defendants

[merh]

NAACP, human rights group sue Gulfport over poor defendants
Associated Press

GULFPORT, Miss. - The NAACP Legal Defense and Educational Fund and the Southern Center for Human Rights have sued the city of Gulfport, alleging its municipal court routinely incarcerated poor people unable to pay their fines and violated their right to counsel.

As a result of these practices, the Harrison County Jail has become a modern day debtors' prison, said Miriam Gohara, assistant counsel for the fund.

"We are very concerned that poor people with old fines for minor violations of the law, such as riding a bicycle without a light, are being jailed for their inability to pay, and worse yet they are not being provided with a lawyer before sentencing, in clear violation of the Constitution," she said.

City officials have denied the allegations.

http://www.sunherald.com/mld/sunherald/12198117.htm?template=contentModules/printstory.jsp

This is a common occurrence throughout Harrison County, Gulfport is not the only city that does this.

[sandnsea]

1. Oh my god

I know you're serious, but just...

:wow:

I will never understand the cold-heartedness of people who throw their neighbors in jail as if it's a week at the Holiday Inn. Just sick.

[merh]

2. Oh, this is very serious.

The jails in Mississippi are used as debtors prisons and have been used this way for years. It is standard practice to not provide counsel to indigent folks (or even a hearing to determine indigency) in city courts, yet these folks are subject to jail time (less than a year is misdemeanor). There is no system in place to protect the rights of the poor.

It is very sad, but I am very happy the NAACP and the Southern Center for Human Rights have stepped in. It is about time. :thumbsup:

[sandnsea]

3. They just don't do that out here

One of the differences between the south and the west, I guess. I'm not saying it NEVER happens, but it's incredibly rare. In fact, my county just stopped prosecuting misdemeanors because they don't have the money. I told them it was good, now they can focus on getting the truly heinous criminals off the streets. That's what most people want anyway. I live in a town of 7,000, the one in F9/11 actually. Yes, there's only 2 state cops, but there's like 15 city cops. Nothing peeves me more than to hear them complain about the meth problem, then see them spend all their time giving out traffic tickets.

I'm glad something is being done too, it's just so pointless. And perpetuates an atmosphere of condemnation and intolerance. I don't know why people like to live that way.

[merh]

4. The reverse is happening here.

Because the federal funds have been cut and the mantra of all elected officials is "no new taxes", the law enforcement agencies have established the "quota" system and each officer have to write so many tickets in a months time.

The ticket increase is seen as a way to generate revenue to keep the department operating.

One day they will realize how badly herr *busch* screwed up their happy lives. :argh:

[LOBO 63]

5. Debtors don't always go to jail.

My son sold a car to a woman in Gulfport & when she didn't pay for it we took her to Justice Court & got a judgment. She was supposed to pay on it. She didn't so we went back to court & she didn't show up! Did this several times (the court did nothing about her not showing up except say they would serve her again) & then the judge said that she couldn't make her pay if she didn't want to pay. We finally found out how to file a Garnishment of her wages ( the Court didn't tell us we had to find out for our selves). We finally got our money (after almost a year). I don't know but maybe she knew some body at the Court.:sarcasm:

[Sgent]

6. Small claims

unfortunately vary on how good they are at helping you collect.

What they are talking about here though are police citations. Its very common in my county as well -- and most others I'm aware of.

Since these are not considered felonies, no court appointed attorney. But an unpaid reckless driving or 1st DUI could easily put you in prison for 6+ months. They have a formula -- each day = so many dollars. You get extra for working on the road crew, good conduct, etc.

[merh]

7. Go check the US Supreme Court cases

If you face imprisonment, you are entitled to a court appointed attorney if you are indigent. Even if it is only imprisonment for 2 days.

If you are fined and claim to have no money to pay the fines, the courts are required to hold a hearing to determine if you are indigent and unable to pay the fines. If indigent, the courts are to work out a system of payment to make good on the fines. There is no debtors prison in the USofA. If, at the hearing, it is found that you have resources to pay, then you are jailed until you pay or do the time required to pay off the fin.