Supreme Court Justice Criticizes How Authorities Extort Payments From Poor Defendants

New Jersey has been having a difficult time with some bad publicity lately involving their justice system.

The methods that their courts have employed have been harshly criticized, specifically when it comes to the treatment of poor defendants.

Quite often defendants will be faced with hefty fines, and a federal judge has found that the pressure that's then placed on the friends or family of those defendants; to pay fines, effectively amounts to extortion.

And legal advocates have argued against such practices, insisting that they violate the Constitution by depriving individuals of their right to due process. They also suggest that the practices enable authorities to discriminate based on income.

Aside from the issue of paying fines, it was also uncovered that a NJ judge had falsified thousands of court records so that fines could be redirected; allegedly allowing municipalities to get an increased amount of funds at the expense of the county.

Last year, a committee was established to look into the controversy surrounding the fees and fines at the municipal court level and that report is expected to be released soon.

According to one Chief Justice with the New Jersey Supreme Court, Stuart Rabner, it's going to detail some disturbing practices.

Rabner has shared some harsh words regarding the controversial practices and in a recently sent memo he criticized authorities for jailing defendants as a means to raise cash for municipal needs.

Poor defendants shouldn't be jailed because they cannot pay certain court fees, he insists.

A federal judge has also previously ruled that this sort of practice, seeking payout ahead of dispensing justice, is discriminatory against those who cannot pay the fine-only penalties. This practice, suggests Judge Hillman, has violated the Constitutionally-protected rights of an unknown number of Americans.

In his recently sent memo, Justice Rabner took to remind NJ judges that there is U.S. Supreme Court precedent for defendants to be afforded the right to a hearing, regardless if they can afford to pay any fees or fines that have been imposed.

Pics:
Pixabay

Sources:
https://www.insidernj.com/press-release/municipal-court-extorted-payment-poor-defendants-federal-court-rules/
http://www.nj.com/politics/index.ssf/2018/04/njs_top_justice_warns_judges_amid_disturbing_court.html
http://nj1015.com/mans-jailing-for-traffic-fine-spurs-look-at-court-practices/

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