The Department of Justice notified a Mississippi city and its police department that jailing people for unpaid fines without determining if they can afford to pay violates the Constitution. The city and police department are working to ensure fines are collected lawfully.
Key Points
Jailing people for unpaid fines without determining their ability to pay is unconstitutional
DOJ guidance highlights the need to assess individuals' resources before imprisonment for fines
Efforts to ensure fines and fees collection is done lawfully are underway in Lexington
Pros
Department of Justice intervention to protect individuals from wealth-based detention
Recognition of violations of the 14th Amendment and guidance on lawful practices
Cons
Potential ongoing investigation into systemic violations of the Constitution and federal law by the city and police department