DEBTORS' PRISON

Debtor prisons have existed almost forever. Years before the birth of Christ. They gained additional prominence in Medieval Europe.

Debtor prisons are for those who cannot pay a debt. Pay or go to jail. Simple.

Colonial America had debtor prisons.

James Wilson signed the Declaration of Independence and was a Justice of the United States Supreme Court. He spent time in a debtor's prison while sitting as such a Justice for failure to pay a debt.

Robert Morse was another who signed the Declaration  of Independence and spent time in a debtors' prison. Three years. George Washington was a frequent visitor.

The United States did away with debtor prisons in the mid 1800s. They returned in the twentieth century. The U.S.Supreme Court dealt with the issue in the 1983 decision Bearden v. Georgia. The Court held debtors' prisons unconstitutional, without first making inquiry into a person's ability to pay and consider whether there are adequate alternatives to imprisonment. The case involved a person on probation who failed to pay a court ordered fine. He was incarcerated.

Present day scenarios involve minor crimes and infractions. Traffic violations like speeding or driving without a license, shop lifting, public drunkenness, and other misdemeanors. Jail or a fine are available for sentencing. The court orders a fine to be paid. The individual fails to pay the fine. The result, jail.

The problem with the Supreme Court decision was the verbiage requiring inquiry into a person's ability to pay. Partial payments are ordered. At some point, the person fails to pay and is jailed. The court has satisfied the requirement re inquiry as to ability to pay by providing for partial payments.

From the type of misdemeanors and infractions described, only the poor are jailed. The rich pay the minor fine to rid themselves of the problem.

There are always the astute who figure a way to make a buck in less than a tasteful fashion. Jails in the United States have been growing at a rapid rate for many years. 1992 brought increased incarcerations. 2010 another jump.

upward 

The courts were overburdened supervising those on probation. Probation officers were overworked. Private probation companies developed. They agreed to take over the burden of the courts and probation officers in most instances for a fee. The fee is not charged to the county or city. It is charged to the person placed on probation by the court. As a result, the counties and cities experience significant dollar savings.

Judges are more inclined to place people on probation since the financial burden is no longer that of the county.The probation company collects and pays the fine to the court. Again, no charge to the county.

Nothing is for nothing, however. The person on probation pays. The twenty odd States that permit private companies allow them to charge for the company's services. Such cost generally labeled as supervision. There is no oversight. The private companies are free to charge those on probation at will. An example being $300 per month while collecting a $150 traffic fine over a period of six months. Note, $300 a month for six months of supervision for a $150 fine. A money making business!

If the person owing the $150 fails to pay at any time and is jailed, the $300 charge per month continues till he is released. It is the private company doing the paperwork for the county or city.

Local governments have become pigs along the way. Seeing how the private companies could charge and add on for anything at will, courts in certain areas are charging for the time of the county public defender (I thought the poor were entitled to counsel free), court costs, court paperwork. And room and board for the time spent in jail. The private probation company does the collecting. Everyone eats!

An unholy alliance has developed between county and city courts and the private companies. The courts were strapped for cash. The private companies came to the rescue.

Georgia is the State most deeply involved with private companies. Thirty four such companies operate in Georgia. Five hundred thousand people are on probation a year. Big bucks! 

An example of how the system works involves Thomas Barrett. The State, Georgia. Barrett stole a $2 can of beer. He was unemployed, on food stamps, and selling his blood to make a few extra dollars. The court fined him $200. Partial payments were permitted.

Barrett's case for purpose of probation was then turned over to a private company. The company charged him $360 a month for supervision. When the amount he owed reached $1,000, the company obtained a warrant to have him jailed. The county realized an additional benefit since a portion of his confinement costs were also added on.

The total kept going up. How was Barrett ever going to get out of jail?

Barrett's case is not uncommon.

The injustice is easy to sense. The reason it continues is that local governments are happy to have the problem and costs of probation off their hands. Ergo, officials are intentionally blind to the injustice. Another reason is that government has failed to provide oversight of the private companies. They operate at will. They are basically free to do what they want.

A federal judge recently labeled the system as a ".....judiciously sanctioned extortion racket." Company employees generally operate like abusive bill collectors. The system is nothing more than legal terrorism. Monies are being extorted from the poor. Poor people going to jail for a lack of money.

It is estimated that 20 States permit private probation companies at this time. More will join since it is a dollar saving mechanism.

As banks and major corporations have lobbyists, the private probation company industry has lobbyists, also. They generally operate with State governments. 

The problem is relatively new. No solutions are on the table. One will come with time. When more are aware of the injustices involved, the cry will grow for reform. Unfortunately, that time is still a ways off. Perhaps, a long way.

BLACK PANTHERS RETURN

History repeats itself.

The Black Panther movement began in 1966 and had basically run its course by 1982. Small straggler groups of no significance remained.

Tough blacks! They challenged police brutality. For them, the revolution had come. Police were "pigs." The Black Panthers were militants who believed in social revolution. They  burned and blew up buildings, shot and killed police officers. Vietnam was in full swing. They opposed the draft and de facto segregation.

In the end, some were killed, others went to jail, and a number have escaped capture and prosecution to this day. Interestingly, some became prominent political figures and were elected to public office.

Ferguson several months ago reactivated the movement. In Dallas, Texas. They call themselves the New Black Panthers. 

Five insignificant groups existed in Dallas till the Michael Brown shooting in Ferguson. The five came together and formed the Huey P. Newton Gun Club. Huey Newton was a leading Black Panther back when. when Staten Island's Eric Garner was killed, they added his death to to their list of reasons why they exist.

The Dallas Black Panthers are shades of the 1960s organization.  They label police as "pigs." and claim police brutalize black people.

The Black Panthers assert two reasons for their formation. They were formed for purpose of self-defense. The self-defense of blacks. A second reason is they support gun rights. Surprisingly, Texas is one of six States that does not have an open carry gun law. They support such a law. In so doing, they refer to themselves as the Black NRA.

The Dallas group consists of former Army Rangers and private citizens. They wear military apparel and carry assault rifles.

Violence begets violence. A people can only be defecated on so long before they react. The Dallas Black Panthers are as Texans of old: Don't Tread On Me!

The contingency refer constantly to the fact that in the past 12 years in Dallas, over 70 unarmed individuals have been shot and killed by police. Most of them black and Hispanic. They further are quick to point out that the Grand Jury process does not work. There have been no indictments in Dallas since 1973 of any police officer who killed any one.

They are serious minded. They patrol Dallas streets. Their training significant. Knives play a big part. From their perspective, a knife changes the whole game. They train their "troops" to perform slash and stab maneuvers.

The group publicly marches singing....."No longer will we let the pigs slaughter our brothers and sisters and not say a damn thing about it." Also....."I used to salute the f--king flag! Now I use it for a rag!" "Black power" is another chant.

They compare themselves to the American Revolution's Minutemen.

The Dallas Black Panthers are not a rag tail group. They are well funded. Donations come in from all over the country. Some think the Koch Brothers support them. They are not considered a liberal group. They are believed to be to the far right.

They are considered a hate group. Denounced as such by the Anti-Defamation League, The Southern Poverty Law Center and Bobby Seale. Bobby Seale co-founded the original Black Panthers with Huey Newton in 1966.

It is expected the movement will grow and spread.

Startling! 

Assumed police power is the reason we are at this point. Police abuse in every form must be stopped. Attempts are being made. None enough. We are not even to first base yet in addressing the problem.

RANK INSUBORDINATION

On December 20 in New York City, two police officers were shot and killed while sitting in a police car. Two days later, the PBA, the  police organization authorized to collectively bargain with the City on behalf of its members, began an aggressive campaign aimed at the Mayor. 

The PBA became angered with New York Mayor de Blasio for comments he had made to his bi-racial son regarding how to conduct himself any time a police officer stopped him. The Mayor is a Caucasian man married to an Afro-American woman.

PBA President Lynch blamed the Mayor for the shooting of the two police officers. He said their blood was on the hands of the Mayor. Lynch claimed the Mayor's advice to his son and subsequent release of that information to the public was inflammatory and abusing as regards police officers.

In addition to the blood comments, New York City police have turned their backs on the Mayor whenever he has been speaking or at a public event.

There is another reason why Lynch and the PBA are conducting themselves in this fashion. The PBA is without a contract with the City. It ran out. A new one has not been agreed to. Negotiations are presently underway to agree on a new contract. Some quarters believe Lynch and the PBA are conducting themselves as they are in order to gain leverage in the negotiations.

Some believe there is an additional threat. If the Mayor does not submit to PBA demands, an armed organized rebellion against civilian control could occur. Sounds far fetched. However in today's police/citizen climate, anything is possible. The PBA has been quick to remind that they are 35,000 strong, that they have more members than the FBI.

A police stoppage has occurred since December 22. Police are performing their duties not as before and not as normal.

Traffic tickets are off 94 percent. Down from 10,069 to 587. Summonses for low level violations are also down 94 percent. Down from 4,831 to 300. Parking tickets are off 92 percent. 14,699 to 1,241.

The Mayor is the civilian head of the Police Department. Just as the President is commander in chief of the armed forces. Public officials in New York State have no right to strike. They do have a right to bargain for benefits. The strike leverage is not available to them. Nor are work stoppages.

Calvin Coolidge was Governor of Massachusetts in 1919 when the Boston police went on strike. He said, "There is no right to strike against the public safety, anywhere, anytime." More recently recall President Reagan in 1981 with the air controllers. The controllers went on strike. Reagan said no way could public employees strike. He gave them two days to return to work or they were fired. Most continued to challenge Reagan. Eleven thousand were fired.

Interestingly, people thought Reagan would not deal so harshly with the controllers. How were planes to fly in our busy air corridors? Reagan called their bluff and the planes continued to safely fly.

New York State has had on its books for years the Taylor Law. It covers the relationship of management and labor regarding civil employees. The Taylor Law is clear. It prohibits work stoppages and strikes. Union officials violating the Taylor Law are subject to arrest. The charge is criminal. Additionally every officer participating in a work stoppage or strike can be fined $2 for every $1 of earnings.

An all out confrontation has not yet occurred. de Blasio is keeping his cool while Lynch is ranting and raving. If push came to shove and work stoppages continue, the Mayor could ask the Governor to send in the National Guard to perform police functions.

I think Lynch and the PBA are wrong. The Mayor is in charge. He is the civilian authority. I view what the PBA is doing as an arrogant assault on democracy. A further dilemma arises. If the police do not follow rules, why should the people?

Much has been written and spoken in and by the media regarding this confrontation. I have not found one article completely supportive of the PBA's position. Those siding with the PBA generally acknowledge the PBA's conduct is wrong. However, they encourage the Mayor to apologize. Seemingly an apology would settle the situation.

Most of the articles written refer to the police conduct as treasonous, rogue, mutinous, exploitative of the two police killings, a coup in the works, the usurpation of the Mayor's authority, an all out assault on the Mayor, and defiant.

Strong characterizations. However if the shoes fit, Kelly and the PBA should wear them. 

A perfect fit from my perspective.