The New Debtors Prison

Debtors’ prisons might sound like something out of a Dickens novel, but what most Americans do not realize is that they are alive and well in a new and startling form. Today more than 20 percent of the prison population is incarcerated for financial reasons such as failing to pay a fine. This alarming trend not only affects the poor, who are hit particularly hard, but also ensnares the millions of self-identified middle-class people who are struggling to make ends meet. All across the country people are being fined and even imprisoned for offenses as small as delinquency on student debt or an unpaid parking ticket. However, there is an insidious undercurrent to these practices that the average person might not realize. Many counties depend on a steady supply of citizens to pay fines and court costs in order to make their budgets. Minor vehicle infractions, by design, can rack up hundreds of dollars in charges that go straight to the city’s coffers. Combine this with the fact that many middle-class people cannot handle an unexpected $400 expense and the general lack of awareness about the risk for being repeatedly jailed for failure to pay court costs, probation, and even per day charges for being in jail and you get an endless cycle of men and women either in debt or in prison for debt. While shocking to some, this system makes up today’s debtors’ prisons. In The New Debtors’ Prison, Christopher Maselli draws from his personal knowledge of the criminal justice system based on his experience on both sides of the prison walls as an attorney as well as a former inmate, to take a hard look at our modern prison system that systematically targets the poor and vulnerable of our society in order to fund the prison-industrial complex.

One of our foremost economic thinkers challenges a cherished tenet of today’s financial orthodoxy: that spending less, refusing to forgive debt, and shrinking government—“austerity”—is the solution to a persisting economic crisis like ours or Europe’s, now in its fifth year. Since the collapse of September 2008, the conversation about economic recovery has centered on the question of debt: whether we have too much of it, whose debt to forgive, and how to cut the deficit. These questions dominated the sound bites of the 2012 U.S. presidential election, the fiscal-cliff debates, and the perverse policies of the European Union. Robert Kuttner makes the most powerful argument to date that these are the wrong questions and that austerity is the wrong answer. Blending economics with historical contrasts of effective debt relief and punitive debt enforcement, he makes clear that universal belt-tightening, as a prescription for recession, defies economic logic. And while the public debt gets most of the attention, it is private debts that crashed the economy and are sandbagging the recovery—mortgages, student loans, consumer borrowing to make up for lagging wages, speculative shortfalls incurred by banks. As Kuttner observes, corporations get to use bankruptcy to walk away from debts. Homeowners and small nations don’t. Thus, we need more public borrowing and investment to revive a depressed economy, and more forgiveness and reform of the overhang of past debts. In making his case, Kuttner uncovers the double standards in the politics of debt, from Robinson Crusoe author Daniel Defoe’s campaign for debt forgiveness in the seventeenth century to the two world wars and Bretton Woods. Just as debtors’ prisons once prevented individuals from surmounting their debts and resuming productive life, austerity measures shackle, rather than restore, economic growth—as the weight of past debt crushes the economy’s future potential. Above all, Kuttner shows how austerity serves only the interest of creditors—the very bankers and financial elites whose actions precipitated the collapse. Lucid, authoritative, provocative—a book that will shape the economic conversation and the search for new solutions.

For Londoners of the eighteenth and nineteenth centuries, debt was a part of everyday life. But when your creditors lost their patience, you might be thrown into one of the capital’s most notorious jails: the Marshalsea Debtors’ Prison. In Mansions of Misery, acclaimed chronicler of the capital Jerry White introduces us to the Marshalsea’s unfortunate prisoners – rich and poor; men and women; spongers, fraudsters and innocents. We get to know the trumpeter John Grano who wined and dined with the prison governor and continued to compose music whilst other prisoners were tortured and starved to death. We meet the bare-knuckle fighter known as the Bold Smuggler, who fell on hard times after being beaten by the Chelsea Snob. And then there’s Joshua Reeve Lowe, who saved Queen Victoria from assassination in Hyde Park in 1820, but whose heroism couldn’t save him from the Marshalsea. Told through these extraordinary lives, Mansions of Misery gives us a fascinating and unforgettable cross-section of London life from the early 1700s to the 1840s.

Text by Lewis Warsh. Images by Julie Harrison.

Introduction : From deadbeat to deadbroke -- Making men pay -- The debt of imprisonment -- Punishing parents, creating criminals -- The imprisonment of debt -- The good, the bad, and the dead broke -- Cyclical parenting -- Conclusion : Reforming debt, reimagining fatherhood -- Appendix : about the research.

In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.

Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.

“Timely and important . . . It should be our North Star for the recovery and beyond.” —Hillary Clinton “Sperling makes a forceful case that only by speaking to matters of the spirit can liberals root their belief in economic justice in people’s deepest aspirations—in their sense of purpose and self-worth.” —The New York Times When Gene Sperling was in charge of coordinating economic policy in the Obama White House, he found himself surprised when serious people in Washington told him that the Obama focus on health care was a distraction because it was “not focused on the economy.” How, he asked, was the fear felt by millions of Americans of being one serious illness away from financial ruin not considered an economic issue? Too often, Sperling found that we measured economic success by metrics like GDP instead of whether the economy was succeeding in lifting up the sense of meaning, purpose, fulfillment, and security of people. In Economic Dignity, Sperling frames the way forward in a time of wrenching change and offers a vision of an economy whose guiding light is the promotion of dignity for all Americans.