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Escanaba woman released from jail (Basically jailed for being poor)

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ck4829 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-02-09 05:32 AM
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Escanaba woman released from jail (Basically jailed for being poor)
An Escanaba woman was released from the Delta County Jail after serving 28 days on a contempt of court charge.

Edwina Jean Nowlin, 44, Escanaba, appeared before Delta County Probate Court Judge Robert E. Goebel Jr., Monday with attorney Karl Numinen for the purposes of appealing her sentencing on contempt of court charges.

Numinen was appointed to represent Nowlin by the American Civil Liberties Union (ACLU) of Michigan.

The ACLU of Michigan became involved in the case after they were notified she was jailed for her inability to reimburse the court for her son's stay at Bay Pines.

http://www.dailypress.net/page/content.detail/id/511324.html

Previous story on it:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5357416&mesg_id=5357416

They charged her rent for being in jail and she was unable to pay it, this was insanity, plain and simple.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-02-09 05:47 AM
Response to Original message
1. FYI
Williams v. Illinois, 399 U.S. 235 (1970)



Syllabus

Appellant was given the maximum sentence for petty theft under Illinois law of one year' imprisonment and a $500 fine, plus $5 in court costs. The judgment, as permitted by statute, provided that, if, when the one-year sentence expired, he did not pay the monetary obligation, he had to remain in jail to work them off at the rate of $5 a day. While in jail, appellant, alleging indigency, unsuccessfully petitioned the sentencing judge to vacate that portion of the order confining him to jail after the sentence expired, because of nonpayment of the fine and cost. The Illinois Supreme Court rejected appellant's claim that the State statutory provision constituted discriminatory treatment against those unable to pay a fine and court costs, and affirmed the lower court's dismissal of appellant's petition, holding that "there is no denial of equal protection of the law when an indigent defendant is imprisoned to satisfy payment of the fine."

Held: Though a State has considerable latitude in fixing the punishment for state crime, and may impose alternative sanction, it may not, under the Equal Protection Clause, subject a certain class of convicted defendants to a period of Imprisonment beyond the statutory maximum solely by reason of their indigency. Pp. 399 U. S. 239-245.

41 Ill.2d 511, 244 N.E.2d 197, vacated and remanded.

Page 399 U. S. 236

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