The payment of money fines on installments was a new department in the
administration of justice. The old method of collecting money fines
which compelled the defendant to pay or replevy the same the moment he
was fined was always a source of great hardship on the poor. It was
unreasonable to expect a common laborer arrested late at night, and
convicted in the morning, to be prepared to settle with the State. If
he was unable to pay or make arrangements to have his fine staid for
the statutory period, he was sent to prison, not because the court had
given him a term of imprisonment, but because he was poor, which is in
effect imprisonment for debt. The pitiable scenes of wives and mothers
and sobbing children crowding the corridors of the court, pleading for
the release of a husband or father, against whom a money fine had been
assessed and who was utterly without money to stay or pay the same,
was a powerful argument in favor of a plan that would relieve such a
deplorable situation.
The power to parole a misdemeanant carried with it the power to direct
him to pay into the probation department a dollar a week toward the
satisfaction of a fine and costs to be assessed against him when the
final payment was made.
Such a plan as this requires no legislative action and could be
introduced into any court where the judge has such powers as are
granted the courts of Indiana.
In city courts, defendants may be divided into three classes:--Those
who can pay the fines assessed against them; those who would pay
if they had a chance; and those who wouldn’t pay if they could and
couldn’t if they would. The middle class represents very largely
mechanics, clerks and laborers, in no sense criminals, but who for
some breach of the peace are brought into court and who are generally
of a deserving character. It is to this class that the work has been
directed. A money fine is their punishment, but instead of imprisoning
them, they were paroled with instructions to pay into the probation
department each week one dollar or as much as could be spared from
the family treasury, until the amount indicated by the court is paid
in full. During the four years that this plan was in operation these
probationers paid into the court $34,014.
Out of 3832 persons placed on probation to pay fines, 3220 paid their
fines and costs in full, while 102 were given credit for partial
payments and committed to serve out the balance. However, 205 were
unable to pay anything and were committed to the jail or workhouse. In
152 cases, the circumstances of the families were such that the court
felt justified in withholding judgment rather than committing the
defendants. Out of the entire number placed on probation, 143 did not
live up to their agreement with the court, and re-arrests were ordered
in each of those cases.
Public-domain text, read in full here on John Shaqi.
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