October, 04 2010, 11:15am EDT
![ACLU](https://assets.rbl.ms/32012694/origin.png)
For Immediate Release
Contact:
Will Matthews, ACLU, (212) 549-2582 or 2666; media@aclu.org
Jeanine Plant-Chirlin, Brennan Center for Justice, (646) 292-8322; chirlinj@law.exchange.nyu.edu
ACLU and Brennan Center Reports Expose Resurgence of Debtors' Prisons
NEW YORK
Poor defendants are being jailed at increasingly alarming rates for failing to pay legal debts they can never hope to afford, according to two new reports released today by the American Civil Liberties Union and the Brennan Center for Justice.
The reports detail how states across the country, in the face of mounting budget deficits, are more aggressively going after poor people who have already served their criminal sentences, and in so doing undermining re-entry prospects, paving the way back to prison or jail and burdening the public with yet more costs.
"Incarcerating people simply because they cannot afford to pay their legal debts is not only unconstitutional but also has a devastating impact upon men and women, whose only crime is that they are poor," said Eric Balaban, senior staff attorney with the ACLU National Prison Project.
The ACLU report, "In for a Penny: The Rise of America's New Debtors' Prisons," and the Brennan Center report, "The Hidden Cost of Criminal Justice Debt," show how the resurgent phenomenon of imprisoning people who are unable to pay fines and court fees is in fact counterproductive. States and counties, hard pressed to find revenue to shore up failing budgets, see a ready source of funds in defendants who can be assessed financial penalties above and beyond their criminal sentences that must be repaid upon pain of imprisonment.
"We are undermining the integrity of our criminal justice system and creating a two-tiered system of justice in which the poorest among us are punished more harshly than those with means, at a great cost to taxpayers," said Vanita Gupta, Deputy Legal Director for the ACLU. "The rise of these debtors' prisons also has a disproportionate impact on people of color, who are overrepresented in the criminal justice system."
Kawana Young, a 25-year-old single mother of two in Michigan, accumulated a few minor traffic infractions for which she was given fines that she could not afford to pay. She attempted to pay off her debt by doing community service, was told after the fact that her service at an elderly living center would not count because the center was not a non-profit and, as a result, has been jailed five times for failing to pay her debt.
"I just need a chance to do right," Young said. "It doesn't make sense to jail people when they can't pay because they definitely can't pay while they're in jail."
There is nothing to suggest that aggressively seeking to collect unpaid legal debt actually makes any money - incarcerating indigent defendants for failing to pay their legal debts in fact ends up costing states and counties much more than they can ever hope to recover. In one two-week period last May, for example, 16 men in New Orleans were sentenced to serve jail time for failing to pay legal debts. Their incarceration cost the city of New Orleans over $1,000 more than their total unpaid debt. A man in Washington State was jailed for two weeks for owing $60 in debt and an Ohio woman was jailed for a month because of an unpaid legal debt of just $250.
Yet because so many court and criminal justice systems are inadequately funded, judges view the collection of legal debt as a critical revenue stream. In New Orleans, for example, legal fines and fees make up nearly two-thirds of the criminal court's general operating budget.
The imposition of court fines and fees also creates significant barriers for people seeking to rebuild their lives after a criminal conviction. Eight of the 15 states studied by the Brennan Center, for example, suspend driving privileges for missed debt payments, a practice that can make it impossible for people to work and that can lead to new convictions for driving with a suspended license. Seven states studied by the Brennan Center require individuals to pay off criminal justice debt before they can regain their eligibility to vote after a conviction. And in all 15 states, criminal justice debt and associated collection practices can damage credit and interfere with other commitments, such as child support obligations.
"People are emerging from the criminal justice process with significant debts that they cannot hope to repay," said Rebekah Diller, Deputy Director of the Justice Program at the Brennan Center. "As a result, these fees are creating new paths back to prison for those unable to pay."
A copy of the ACLU report "In for a Penny: The Rise of America's New Debtors' Prisons," is available online at: www.aclu.org/prisoners-rights-racial-justice/penny-rise-americas-new-debtors-prisons
A copy of the Brennan Center report, "The Hidden Cost of Criminal Justice Debt," is available online at: www.brennancenter.org/content/resource/criminal_justice_debt_a_barrier_to_reentry/
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Amnesty Urges War Crimes Probe of Landmines in Russian-Occupied Ukraine
"In every region in Ukraine that was formerly occupied by Russia, we have seen evidence of civilians killed and injured by antipersonnel mines left behind by Russian forces," said one researcher.
Jul 26, 2024
Amnesty International on Friday demanded a "prompt, thorough, independent, and impartial investigation" into the use of antipersonnel landmines, "which litter territories in Ukraine formerly and currently occupied by Russian forces."
The Landmine and Cluster Munition Monitor says that Ukraine is "severely contaminated" with antipersonnel landmines, which Russia's troops have used since 2014, but particularly since Russian President Vladimir Putin's full-scale invasion in February 2022.
"Landmines have been documented in 11 of Ukraine's 27 regions: Chernihiv, Dnipropetrovsk, Donetsk, Kharkiv, Kherson, Kyiv, Luhansk, Mykolaiv, Odesa, Sumy, and Zaporizhzhia," according to the monitor's latest update, published in November. "Russian forces have used at least 13 types of antipersonnel mines in Ukraine since February 2022."
Ukraine is a state party to the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and on Their Destruction of 1997 but lacks legislation to enforce its implementation. Human Rights Watch last summer gathered evidence of the Ukrainian military's use of the banned mines. Russia is not a party to the treaty.
Patrick Thompson, a Ukraine researcher at Amnesty, said Friday that "in every region in Ukraine that was formerly occupied by Russia, we have seen evidence of civilians killed and injured by antipersonnel mines left behind by Russian forces."
"They are a daily, deadly threat to civilians. Some have been deliberately placed in civilian homes where they maim and kill," Thompson highlighted. "There must be an effective investigation into all such incidents as possible war crimes."
The group shared just one survivor's story of encountering a mine:
In March 2022, Russian forces evicted Oleksandr* (not his real name) and his mother from their flat in Snihurivka, in the region of Mykolaiv. A Russian military unit took over the entire apartment block until it was forced to withdraw following fierce fighting around Snihurivka in November 2022.
After the Russian retreat, Oleksandr returned to the apartment block to assess how badly it had been damaged. Upon entering the basement, he stepped on a disguised PFM-1 antipersonnel mine that had been placed under wooden planks. The mine exploded, Oleksandr fell, and landed on other disguised mines that had apparently, had been deliberately placed to injure or kill anyone entering the building. He lost both his left leg and arm in the incident.
“The deminers working to clear Ukraine of this threat are carrying out painstaking, dangerous work every day," Thompson noted. "While the scale of the problem is undeniably huge, the biggest obstacle to clearing Ukraine of landmines is Russia's ongoing aggression."
Thompson called on the international community to "commit to sustained financial and technical assistance to help Ukraine get rid of a danger that continues to wreck lives and livelihoods," and to continue fighting for an end to the use of the weapons.
"Countries must uphold the ban on the use, production, stockpiling, and transfer of antipersonnel mines worldwide," he said. "There must be an end to the use of such indiscriminate weapons."
The most recent report from the United Nations Human Rights Monitoring Mission in Ukraine states that the war has killed at least 11,284 civilians there since 2022 and injured another 22,594—though the actual tallies are believed to be "considerably higher."
"The number of civilian casualties is likely particularly undercounted in cities such as Mariupol (Donetsk region), Lysychansk, Popasna, and Sievierodonetsk (Luhansk region), where there was protracted intensive fighting at the start of the armed attack in 2022," according to the report.
While most of the deaths and injuries in Ukraine are attributed to "explosive weapons with wide area effects," the U.N. report accounts for at least 373 deaths and 855 injuries from "mines and explosive remnants of war."
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Jul 26, 2024
Despite pushback from the United States delegation, finance ministers at a meeting of the G20 countries in Rio de Janeiro on Thursday agreed on the need to develop a global taxation system in which the richest in the world are taxed at a higher rate—potentially unlocking hundreds of billions of dollars annually to help close the international wealth gap.
Ahead of the G20 Summit scheduled for November, which Brazilian President Luiz Inácio Lula da Silva's government will host, the finance officials met this week to discuss economic issues and ultimately agreed to start a "dialogue on fair and progressive taxation, including of ultra-high-net-worth individuals."
The Lula government pushed for a proposal by progressive economist Gabriel Zucman, who serves as a G20 adviser and is a professor of economics at University of California, Berkeley.
Zucman's proposal calls for a minimum 2% tax on the fortunes of the world's roughly 3,000 wealthiest billionaires, which could raise approximately $250 billion globally per year.
"With full respect to tax sovereignty, we will seek to engage cooperatively to ensure that ultra-high-net-worth individuals are effectively taxed," the ministers wrote in a declaration that was viewed by Politico.
"Finally, the richest people are being told they can't game the tax system or avoid paying their fair share. Governments have for too long been complicit in helping the ultra-rich pay little or zero tax."
The agreement to discuss higher taxes for the rich was reached despite objections from Germany and the U.S., whose treasury secretary, Janet Yellen, said that "tax policy is very difficult to coordinate globally."
"We don't see a need or really think it's desirable to try to negotiate a global agreement on that," Yellen said at a press conference before the ministers met Thursday evening. "We think that all countries should make sure that their taxation systems are fair and progressive."
Although the agreement only states that countries will discuss the need for the wealthy to pay their fair share to help fight poverty and fund public education and other services, the global anti-poverty group Oxfam International said the meeting represented "serious global progress."
"For the first time in history, the world's largest economies have agreed to cooperate to tax the ultra-rich," said Susana Ruiz, tax policy lead for Oxfam. "Finally, the richest people are being told they can't game the tax system or avoid paying their fair share. Governments have for too long been complicit in helping the ultra-rich pay little or zero tax. Massive fortunes afford the world's ultra-rich outsized influence and power, which they wield to shield, stash, and supersize their wealth, undercutting democracy and widening inequality."
An Oxfam study released ahead of this week's meetingfound that the richest 1% of people in the world increased their fortunes by $42 trillion over the past decade, while taxation fell to "historically" low rates.
Ruiz called on G20 heads of state to "go further than their finance ministers" at the G20 Summit in November "and back concrete coordination: agreeing on a new global standard that taxes the ultra-rich at a rate high enough to close the gap between them and the rest of us."
"Brazil has kickstarted a truly global approach to tax the ultra-rich. But the work is just beginning and international cooperation is crucial," said Ruiz, adding that the task of ensuring the wealthiest people in the world are taxed fairly must not be left up to the Organization of Economic Cooperation and Development (OECD)—"the club of mostly rich countries."
Zucman expressed hope that the agreement between the G20 finance ministers marked a "historic" moment, and called it "an important step in the right direction."
"Our proposal for a common minimum tax on billionaires is now on the map. G20 finance ministers have started to engage with it—and there is no going back," said Zucman. "In its declaration, the G20 finance ministers commit to important preliminary steps. They need to do more and commit to a coordinated minimum tax on the super-rich. We know that it is practically doable—we know the solutions exist. And I'm confident, because there is overwhelming popular demand everywhere to get there."
"The status quo, in which the biggest winners from globalization are allowed to enjoy the lowest tax rates, is simply not sustainable," said Zucman.
The findings released this week by Oxfam highlighted polling that "consistently" found people across the world support raising taxes on the richest individuals.
"Eighty percent of Indians, 85% of Brazilians and 69% of people polled across 34 countries in Africa support increasing taxes on the rich," said the group. "Nearly three-quarters of millionaires polled in G20 countries support higher taxes on wealth, and over half think extreme wealth is a 'threat to democracy.'"
The Independent Commission for the Reform of International Corporate Taxation (ICRICT) applauded the agreement and called on the G20 to "go further in [the] fight to tax the rich."
"To take this forward, G20 should support work on this at the Framework Convention on International Tax Cooperation currently being negotiated at the United Nations," said Jayati Ghosh, co-chair of the ICRICT.
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"I must call out the flood of fossil fuel expansion we are seeing in some of the world's wealthiest countries," U.N. Secretary-General António Guterres said. "Countries must phaseout fossil fuels—fast and fairly."
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United Nations Secretary-General António Guterres on Thursday criticized the world's wealthiest countries for expanding fossil fuel production, one day after an analysis in The Guardian showed that five Western countries are leading a global surge in oil and gas development.
Guterres' remarks came as part of a "call to action" on extreme heat at a press conference in New York, after record-setting world temperatures earlier in the week and a series of deadly heatwaves across the world this year.
Guterres, who has long been outspoken on the need for climate action, called extreme heat one of the "symptoms" of a "disease" that is the "addiction" to fossil fuels.
"I must call out the flood of fossil fuel expansion we are seeing in some of the world's wealthiest countries," he said nine minutes and 53 seconds into his remarks. "In signing such a surge of new oil and gas licenses, they are signing away our future. The leadership of those with the greatest capabilities and capacities is essential. Countries must phaseout fossil fuels—fast and fairly."
The U.N. chief's comments may have been based on Wednesday's findings that five Western countries—the United States, the United Kingdom, Canada, Australia, and Norway—have significantly scaled up oil and gas licensing this year, despite their international climate commitments. The findings came from an analysis of industry data conducted by the International Institute for Sustainable Development and published in The Guardian.
The analysis found that the five countries together have licensed or plan to license projects in 2024 that will emit 11.9 billion metric tons of greenhouse gas emissions over their lifetimes. The news renewed discussions about whether countries such as the U.S., though they claim to be climate leaders, should be considered "petrostates"—a contemptuous term formerly reserved for countries such as Saudi Arabia and Russia.
Guterres has long been outspoken on the issue of fossil fuels. At the COP28 U.N. climate change summit in Dubai last year, he spoke forcefully about the need for phasing them out and meeting the 1.5°C target set in the Paris agreement.
"The 1.5°C limit is only possible if we ultimately stop burning all fossil fuels," he said. "Not reduce. Not abate. Phase out—with a clear timeframe aligned with 1.5°C."
The loophole-ridden deal that emerged from Dubai didn't match Guterres' ambitions, but did call for "transitioning away from fossil fuels."
His call to action on Thursday included a four-part plan for dealing with extreme heat: caring for the most vulnerable, protecting workers, boosting resilience, and limiting further temperature rise by phasing out fossil fuels and scaling up renewables.
Leaders across the board must wake up and step up their #ClimateAction.
That means governments – especially #G20 countries – as well as the private sector, cities and regions.
They must #ActNow as though our future depends on it – because it does.
— António Guterres (@antonioguterres) July 26, 2024
Guterres warned that 70% of the global workforce—over 2.4 billion people—is at substantial risk of experiencing extreme heat, and the situation is especially dire for workers in Africa and the Middle East. He called for strong laws to protect workers, which some countries are enacting. The Biden administration recently moved to set the first national workplace heat safety protections in the U.S.
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