This is part of our Policy vs. People series, where we unpack how prison policies affect real people, and what you’re not hearing in the headlines.
Policy: It’s called “pay or stay.” Miss a payment, go to jail.
Reality: This practice punishes people not for crimes, but for being poor.
Whether it’s a parking ticket, court fee, or old fine, people across the U.S. are still being incarcerated simply because they can’t afford to pay.
📌 Some courts call it a “civil bench warrant.” Others call it “failure to appear.” But for many, it’s just a modern-day debtor’s prison.
Wait — Isn’t Debtor’s Prison Illegal?
Technically, yes. The U.S. Supreme Court ruled in Bearden v. Georgia (1983) that it’s unconstitutional to jail someone just because they can’t afford to pay a fine. But in practice? It still happens.
📚 ACLU: Modern-Day Debtors’ Prisons
Why It Happens
Cities and counties increasingly rely on fines and fees to fund their operations, from traffic tickets to probation fees to room-and-board charges for jail time itself. When people can’t pay, courts issue arrest warrants. That means jail time not for a new offense, but for unpaid debt.
Who It Hurts
- Working-class people living paycheck to paycheck
- People already dealing with housing insecurity
- Parents who miss child support payments due to job loss
- Formerly incarcerated individuals trying to rebuild
What It Costs
Jailing someone for nonpayment costs taxpayers more than the amount owed. And it creates a cycle of poverty: lost jobs, missed childcare, suspended licenses, and more.
What’s Being Done
Several states have outlawed the practice, and lawsuits are challenging it elsewhere. But in many areas, it’s still happening, quietly, cruelly, and disproportionately to Black, Brown, and low-income people.
Policy vs. People
📜 The Policy: Use jail to collect fines.
👥 The People: Get trapped in a poverty-to-prison pipeline.
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You have great informative content. Please keep up the great work. I agree that “they” are not just doing their job. There’s too much hate and racial profiling. I have never been afraid to make a simple trip to the store, but I am now.