For Offenders Who Can’t Pay, It’s a Pint of Blood or Jail Time


By Campbell Robertson

The New York Times, October 19, 2015

Excerpts from article

 

Marion, Ala.- Judge Marvin Wiggins’s courtroom was packed on a September morning. The docket listed hundreds of offenders who owed fines or fees for a wide variety of crimes-hunting after dark,assault, drug possession and passing bad checks among them.

“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 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.”

Efforts by courts and local governments to generate revenue by imposing fines for minor offenses, particularly from poor and working-class people, have attracted widespread attention and condemnation in recent months. But legal and health experts said they could not think of another modern example of a court all but ordering offenders to give blood in lieu of payment, or face jail time.They all agreed that is was improper.

“What happened is wrong in about 3,000 ways,” said Arthur L. Caplan, a professor of medical ethics at NYU Langone Medical Center, part of New York University. “You’re basically sentencing someone to an invasive procedure that doesn’t benefit them and isn’t protecting the public health.

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