Guest Post by John W. Whitehead
This is the tale of two Americas, where the rich get richer and the poor go to jail.
Aided and abetted by the likes of Attorney General Jeff Sessions—a man who wouldn’t recognize the Constitution if it smacked him in the face—the American dream has become the American scheme: the rich are getting richer and more powerful, while anyone who doesn’t belong to the power elite gets poorer and more powerless to do anything about the nation’s steady slide towards fascism, authoritarianism and a profit-driven police state.
Not content to merely pander to law enforcement and add to its military largesse with weaponry and equipment designed for war, Sessions has made a concerted effort to expand the police state’s power to search, strip, seize, raid, steal from, arrest and jail Americans for any infraction, no matter how insignificant.
Now Sessions has given state courts the green light to resume their practice of jailing individuals who are unable to pay the hefty fines imposed by the American police state. In doing so, Sessions has once again shown himself to be not only a shill for the Deep State but an enemy of the people.
It is my sincere desire to provide readers of this site with the best unbiased information available, and a forum where it can be discussed openly, as our Founders intended. But it is not easy nor inexpensive to do so, especially when those who wish to prevent us from making the truth known, attack us without mercy on all fronts on a daily basis. So each time you visit the site, I would ask that you consider the value that you receive and have received from The Burning Platform and the community of which you are a vital part. I can't do it all alone, and I need your help and support to keep it alive. Please consider contributing an amount commensurate to the value that you receive from this site and community, or even by becoming a sustaining supporter through periodic contributions. [Burning Platform LLC - PO Box 1520 Kulpsville, PA 19443] or Paypal
-----------------------------------------------------
To donate via Stripe, click here.
-----------------------------------------------------
Use promo code ILMF2, and save up to 66% on all MyPillow purchases. (The Burning Platform benefits when you use this promo code.)
First, some background on debtors’ prisons, which jail people who cannot afford to pay the exorbitant fines imposed on them by courts and other government agencies.
Congress banned debtors’ prisons in 1833.
In 1983, the U.S. Supreme Court ruled the practice to be unconstitutional under the Fourteenth Amendment’s Equal Protection clause.
Where things began to change, according to The Marshall Project, was with the rise of “mass incarceration” when we started to imprison more people for lesser crimes.
By the late 1980s and early 90s, “there was a dramatic increase in the number of statutes listing a prison term as a possible sentence for failure to repay criminal-justice debt.” During the 2000s, the courts started cashing in big-time “by using the threat of jail time – established in those statutes – to squeeze cash out of small-time debtors.”
Fast-forward to the present day which finds us saddled with not only profit-driven private prisons and a prison-industrial complex but also, as investigative reporter Eli Hager notes, “the birth of a new brand of ‘offender-funded’ justice.”
Follow the money trail. It always points the way.
Whether you’re talking about the government’s war on terrorism, the war on drugs, or some other phantom danger dreamed up by enterprising bureaucrats, there is always a profit-incentive involved.
The same goes for the war on crime.
At one time, the American penal system operated under the idea that dangerous criminals needed to be put under lock and key in order to protect society. Today, the flawed yet retributive American “system of justice” is being replaced by an even more flawed and insidious form of mass punishment based upon profit and expediency.
Sessions’ latest gambit plays right into the hands of those who make a profit by jailing Americans.
Under such a system, the plight of the average American is measured in dollars and cents.
This is not justice.
This is yet another example of how greed and profit-incentives have not only perverted policing in America but have corrupted the entire criminal justice system.
Unfortunately, the criminal justice system has been operating as a for-profit enterprise for years now, covertly padding its pockets through penalty-riddled programs aimed at maximizing revenue rather than ensuring public safety.
All of those seemingly hard-working police officers and code-enforcement officers and truancy officers and traffic cops handing out ticket after ticket after ticket: they’re not working to make your communities safer—they’ve got quotas to fill.
Same goes for the courts, which have come to rely on fines, fees and exorbitant late penalties as a means of increased revenue. The power of these courts, magnified in recent years through the introduction of specialty courts beyond your run-of-the-mill traffic court (drug court, homeless court, veterans court, mental health court, criminal court, teen court, gambling court, prostitution court, community court, domestic violence court, truancy court), is “reshaping the American legal system—with little oversight,” concludes the Boston Globe.
And for those who can’t afford to pay the court fines heaped on top of the penalties ($302 for jaywalking, $531 for an overgrown yard, or $120 for arriving a few minutes late to court), there’s probation (managed by profit-run companies that tack on their own fees, which are often more than double the original fine) or jail time (run by profit-run companies that charge inmates for everything from food and housing to phone calls at outrageous markups), which only adds to the financial burdens of those already unable to navigate a costly carceral state.
Ask yourself this: at a time when crime rates across the country remain at historic lows (despite Sessions’ inaccurate claims to the contrary), why does the prison population continue to grow?
The prison population continues to grow because of a glut of laws that criminalize activities that should certainly not be outlawed, let alone result in jail time. Overcriminalization continues to plague the country because of legislators who work hand-in-hand with corporations to adopt laws that favor the corporate balance sheet. And when it comes to incarceration, the corporate balance sheet weighs heavily in favor of locking up more individuals in government-run and private prisons.
It’s a vicious cycle that grows more vicious by the day.
Now you can shrug all of this away as a consequence of committing a crime, but that just doesn’t cut it. Especially not when average Americans are being jailed for such so-called crimes as eating SpaghettiOs (police mistook them for methamphetamine), not wearing a seatbelt, littering, jaywalking, having homemade soap (police mistook the soap for cocaine), profanity, spitting on the ground, farting, loitering and twerking.
There is no room in the American police state for self-righteousness. Not when we are all guilty until proven innocent.
As I make clear in my book Battlefield America: The War on the American People, this is no longer a government “of the people, by the people, for the people.”
It is fast becoming a government “of the rich, by the elite, for the corporations,” and its rise to power is predicated on shackling the American taxpayer to a debtors’ prison guarded by a phalanx of politicians, bureaucrats and militarized police with no hope of parole and no chance for escape.
We need more inexpensive outpatient care for poor folks (instead of hospital beds); and a week or so at a parchment farm for petty criminals (instead of prison beds). Sorry Writer dude, but if you don’t pay somebody, that’s stealing too. But I agree with you that excessive fines is robbery using a black robe or an elected office (like some cruel and unusual punishment). Prisons making money off of prisoner labor need to beware of becoming slave labor camps.
It’s “Parchman” not parchment.
Anon: Mississippi State Penitentiary (MSP), also known as Parchman Farm
As usual, this liberal loon intermingles two separate issues. The first issue, which is a valid one, as in the case of Ferguson, Missouri, is a local government using the local population as a cash cow. Extracting money from them at every opportunity. He has a point there . The other one is, the liberal practice of fining people instead of giving them jail time for criminal behavior. The question then becomes, if they don’t pay the fine, what do you do? The idea is to punish them one way or the other for egregious behavior. If they don’t pay the fine they haven’t been punished. So shouldn’t it revert right back to the other alternative, which was the jail time?
OK. Two down votes. Okay pinheads, can anybody explain to me what you do with your average thug who upon being given a break by a judge and not sentenced to jail time for his crime against society, is giving a fine instead, and allowed to remain free. Then he knows that if he does not pay the fine, loons like Whitehead will defend him, and say that it’s an injustice that somebody wants to lock him up. How do you ever have order in society? What the f*** am I missing?
SF. What your missing is the fact that everybody has become a criminal due to the proliferation of laws transforming actions, which should be of no/little concern to the state, criminal. Like letting your minor child play outside. Not everybody in “the system” is a thug, even one-time offenders who may have made a poor judgment can spend years trying to extricate themselves from “the system”. There are many “thugs” out there, unfortunately our system does not differentiate.
As a side note, anybody but me notice how this shit all started when the boomers began taking over the “reigns of power” in our legislature? Just sayin….
Gilnut, No, I didn’t miss it. See my first comment. That part is legitimate. See what you can do with my question.
Short answer. There is cultural Marxism infused on both sides of the political spectrum today. That has put in place a legal system that has been able to feed itself in order to ‘punish’ those who do not adhere to the social/moral values that the Marxist wants to enforce. (i.e. people don’t mind their own f***ing business anymore.)
Still dodging the question. How do you punish bad guys?
Restitution or incarceration or termination. I have a more “common law” view of how things should be. Real harm done can be alleviated by one, or a combination, of the three afore-mentioned actions. But then again, in our current system, most “crimes” involve no harm, just “victims”. Current day fines are largess to feed the system, and do not involve restitution to the person(s) harmed, because there was no harm, it’s just a tax.
Tell him not to do it again, to be nice from now on, and let him go.
Anon, it’s amazing that such a simple question conflicts these loons in this way
“But then again, in our current system, most “crimes” involve no harm, just “victims.” What the hell are you talking about? What crimes have no harm to society? That’s why their crimes. Incarceration? My question was what do you do with people who refuse to pay their fines. Whitehead’s position is that it’s immoral to lock them up. Finally you and I agree on something
Now you are just being argumentative and obtuse.
I want to see Congress pass a law saying that our Police State can jail anyone for debt, with due process. Otherwise, the prohibition stands…Don’t hold your breath waiting for that new law…
It’s your simple minded, and wrong, answer that’s the problem…
No. Debtors’ prisons are illegal and un-American, didn’t you read the piece? And putting people in prison costs the taxpayers far more than the “lost” fine money….
When someone uses the term ‘enemy of the people’ I figure they are a communist. That said we do have a problem with using fines in lieu of jail time. Obviously fining a rich man $1000 in lieu of 10 days in jail ( generally described as a suspended sentence) is not fair to the poor man to whom $1000 is a lot money. But to do otherwise as in some European nations where the fine is based on the ability to pay runs up against the notion of equality before the law. Why should a rich man have to pay a $50,000 fine simply for the ‘crime’ of being rich?
Jailing everyone for 10 days might be more equitable as a day in jail is a day in jail but, as noted, the criminal justice system has come to depend on fines to help defray the cost of running the system and jail time does not come cheap either.
To get around this problem courts have taken to suspending drivers licenses for non payment on the assumption that we do not have a ‘right’ to operate a car but in practice most people must drive a car to get to work, pickup kids or get groceries so they drive even with their license suspended which puts them on a legal treadmill.
Bringing back corporal punishment might be the ‘solution’. A flogging is something both rich and poor would fear and it is cheap to administer. Further, it would show ‘justice’ being done and have a greater deterrent effect than either a fine or a short jail term.
That’s actually a great idea. I look forward to a beating instead of my next traffic ticket. How many lashes for speeding vs car jacking? How many lashes is survivable? New reality tv show, the punishment hour.
A favorite in Saudi Arabia. The “hands off” policy for thieves is especially popular.
And backed up by the “heads off” policy it keeps their prison population low, much lower than in our barbaric prison system.
Oh come on! I didn’t suggest maiming or beheading people for misdemeanor offenses. Merely corporal punishment Singapore style where a few strokes from a bamboo cane seems to deter bad behavior.
Rather than juvenile halls and probation officers we might want to take some 15 year old punk pull his pants down in front of his school and give him a good whipping. Hard to look ‘cool’ in front of your peers when you are being humiliated and howling in pain.
My bad!s
(Unless sharia law takes hold here, but that’s another story)
Remember extremely wealthy people have enjoyed a lower tax rate per dollar received because their income is derived from capital gains ! Sounds fair to anybody ? A mechanic getting his hands dirty for $60 Thousand a year pays 28% and 50% counting direct and indirect taxes combined ! Mitt Romney paid 15% on $12 MILLON the difference was his money did all the dirt work . It is certainly does not sound like equal protection under the law no does it . Or is that some commie principal ??
Boat guy – why are capital gains taxed at a lower rate? Any ideas? Any whatsoever?
To promote investment, that is why. It is much the same in many nations. Capital investment is historically RISKY. Hard to tell that at the moment, I know.
Maybe types of capital gain should be differentiated by different tax rates. But capital investment realized from, say, sale of a business should be taxed low – otherwise who is going to take the risk of investing in business, if taxes are going to gobble up much of the gain. You are at risk of losing all your money invested – it happens around 95% of the time. So there needs to be incentive to take the risk.
By the way, your figures on the $60k are incorrect. The paid per cent is 16%.
So romney and the guy pay the same rate. Except Romney pays millions, the other guy 9k. Wow, that is fair. One guy pays millions, one guy $9k for the same services and benefits. But still the guy paying millions does not pay enough.
You have a streak of green a mile wide down your spine. Get over it.
You really remind me of one of the former owners of the company I work for. Very smart man, and could be very kind. But his views were colored by his interests.
You’re suggesting a person holding a million dollars would refuse to invest it if the tax rate on capital gains were the same as wages and salaries. Instead, they would keep the million in a safe, and take a job paying a salary. In the current markets, a cautious investor might do just that. But if the Fed was not in the equation, said investor would be cutting his own nose off.
But, then again, we really aren’t talking about investing in R&D or equipment. The vast majority of current investments are stocks and bonds. Again, what are the investments in stocks and bonds supposed to be for? New investments in plant, equipment, and R&D. Is that where the money gained from stock and bond offerings is going? NO. They go to corporate management compensation packages.
Maybe it will be this year. Or, maybe it will be way down the road. But there will be a day when the Bubble of Everything pops. When that happens, our whole system collapses because there is so much corporate debt, it will be a chain reaction of wealth destruction. It might happen through price implosion. More likely, it will happen through hyperinflation, and then the destruction of our society.
Romney’s capital gains came mostly from strip mining American companies, including their pensions, and selling the assets. In some cases, he just offshored everything…He’s a scumbag Globalist who is intent on wrecking the country. For this he gets favored tax treatment…
That lower capital gains tax excuse to promote investment bull shit ship sailed off decades ago and you know it . As I have debated with you multiple times you still refuse to see the damage done by our lawmakers and the real owners of America including alleged representives . I took the red pill probably before you were out of diapers . I am doing fine my arguments come from a rigged system like section 8 vouchers (well fare for landlords) that own what would otherwise be “non performing Realestate investment or electric car subsidy at $7500 a pop for welfare queen Musk then the bullshit corn alcohol subsidy now there is an investment idea where everybody loses but the comedies brokers and Monsanto . Real investments for profit do not need tax payer paid incentives or trade tariff protection . Some how your narcissistic attitude cannot see what is left of our American society and that very little can be done now to fix it . I hope we you included survive the possible onslaught that may arise . We are outnumbered by have nots and they are hungry . Just because the earth quake or fire misses your house does not leave you unaffected . A hungry man is a dangerous man “Bob Marley”
Llpoh you can’t resist name calling when you are short on real facts . This is a sure sign of a closet liberal . I am all for tax incentives for business to invest and many small businesses do at great risk for loss been there done that . My point is the investment has been sorely lacking overall in American industry and as the investor class cheers the stock market breaking 25 thousand my self included most of middle America continue to lose ground . If companies would not have such a huge amount of untaxed dollars held overseas and these profits were taxed at the legal current level and the balance invested we may see economic improvement nationwide rather than 94 MILLON Americans not participating in the work force , they can’t all be bums on assistance perhaps disgusted with job offers that offer little in dignified work with adequate salary and benefits .
President Trumps Make America Great Again has had my full support pity no one has answered the question with what and by who ? Our real industries are flat and our infrastructure is a shambles and we are not going to make America Great Again with illegals from our southern border hired by bad American business operators . The tax base alone tells the tale and the bankrupt or near bankrupt budgets of many local governments are the result of the hollowing out of industry and the tax base funded from what was a solid middle class . Hope the earth quake continues to miss you and your community !
Let that mechanic run the risk of losing everything instead of getting paid and you will have a fairer comparison.
That’s what capital gains are, money put at risk of loss to (hopefully) gain a return, not wages that you are guaranteed no matter what.
That’s what it is supposed to be sadly such is not the case
Heinlein cogently suggested exactly that in “Starship Troopers”.
Actually, debtor’s prisons started making a comeback with family courts, which now routinely seize a man’s kids without cause and use them to extort monthly payments. Passport and driver’s licenses are confiscated and prison terms imposed on any who can’t or won’t comply with this blatant human rights abuse.
No charges are laid, no due process provided.
Of course, the ladies vote for these bloodsuckers.
Now the rot is spreading (gee, who’d a thunk it?).
Indeed.
It is positively ridiculous that in many states a jury trial is an absolute right in misdemeanor cases that might result in a single day in jail, while a civil court or probate court judge can simply throw an individual in the slammer for 90 days for not paying whatever arbitrary fines or conditions they impose.
It’s Contempt of Court.
In his or her Courtroom, the Judge has virtual dictatorial powers to enforce his rules.
Only hope is in finding a sympathetic Judge with those same powers over him as he has over you to reverse things.
That’s just the way the Courts work, and always have.
Sessions lost me when he excitedly encouraged police departments to aggressively increase their asset forfeiture actions when ever possible . We already have numerous examples of that method of unconstitutional law enforcement abuse nationwide . You only hear about the drug traffickers Mercedes being impounded and auctioned off , what you do not hear is the poor shmuck who saved up $5 thousand bucks cash to buy a vehicle and some we the people badge wearing minion confiscates the cash under the accusation “ its drug money” . Now you get to prove it’s fair and properly earned cash . Good Luck
Now the collection agency for student loans , the IRS ! Colleges colluded with banks who collided with congress who passed a law that college loans cannot be discharged in bankruptcy however we have a billionaire president who has restructured his debt in business dealings multiple times thru bankruptcy laws . So extremely wealthy walk off paying less or even nothing while the college grad in debt for education with no lucrative job prospects has The IRS on his back for life . Sounds like indentured servitude or debtors prison set up to me ! Just because there are no bars does not mean you are free in this country anymore . Perhaps these laws and aggressive police tactics have not affected you or some one you know however I beg to differ the fact they are in place is an injury to all of us .
Sessions has once again shown himself to be not only a shill for the Deep State but an enemy of the people. – And he was appointed by whom? Nothing has or will change. The agenda has been set and those in power will continue to tighten the thumbscrews on society until we are living in a hellhole like the one currently occupied by the hapless, unfortunates in Palestine.
To quote Voltaire;” To find out who rules over you, simply find out who you are not allowed to criticize.”
That should make it plain as day to those who keep an open mind and realize that the players in Washington are attached to the strings of the puppet masters.
To those who still think that America’s political process still has even a modicum of legitimacy, I give you Mark Twain’s response from over one hundred years ago, ” If voting made a difference, they wouldn’t let us do it. Always check your premise. An invalid premise invariably leads one to an invalid conclusion. As far a Trump being eliminated; why kill the goose that is laying golden eggs?
This just in for all my critics regarding higher wages and benefit packages exactly like working taxpayers support for their government service workers be they police , fire or school teachers . The defined packages along with union contracts evaporated in the last 50 years and the tax base spiraled down with that . Now local budgets are hard pressed to operate or cover their “LEGACY COSTS”.
I suppose we should just tell all the widows of police and fireman too bad that’s the way it is just like the steelworkers widows were told after there husbands died following 30 to 40 years of service to the company .
I bring this up because today 1/5/2018 one of the gang of 4 that meet with President Trump is an open borders advocate to help drive wages down in this country .
This is a huge part of the problem , we cannot make America Great Again with under 30 hour a week jobs with low wages .
As for the Capitol gains lower tax to entice reinvestment in the country , the wealthiest among us had the chance to do that and choose to trash the economy for a short term gain , much of it on paper , meanwhile the cities across our nation crumble but only in areas THEY can avoid !