Freedom from imprisonment “lies at the heart” of the liberty protected by the Due Process Clause of the Constitution.
Zadvydas v. Davis, 533
This Tuesday, the Maine Supreme Judicial Court accepted comments on proposed amendments to Maine Rules of Criminal Procedure 5(a) and 5C(a). Specifically, the change would add state shutdown days to the days exempted from counting toward the 48-hour requirement on first appearances. That’s a complicated way of saying that, in order to address Maine’s financial crisis, legally innocent people, most of them poor, will spend more time in jail.
People accused of minor crimes or bail violations, who already face up to five days in jail, could end up spending more than a week incarcerated before going in front of a judge.
What kinds of offenses could result in such substantial deprivation of liberty? A variety of non-violent offenses, including passing a bad check, theft of less than $1000 in value, maintaining an unprotected well and a variety of minor bail violations.
For some, the additional exempted shut-down day could mean the difference between keeping a job and getting fired; between paying the bills and eviction; or between maintaining child custody and losing it. For all, the additional deprivation of liberty is a threat to their Due Process rights.
The rule change could also place tremendous chilling power in the hands of police. Those planning peaceful civil disobedience, for example, may think twice about exercising their First Amendment rights if they are faced with the threat of over a week in jail. The change could also have a disproportionate impact on those most often picked up on “quality of life” offenses, and those most focused on by law enforcement – the homeless, youth, substance addicts, and people of color.
While we understand the state faces serious budgetary problems, fiscal crises never justify deprivation of fundamental rights. It is hard to think of rights more fundamental than the Due Process right to physical liberty and the presumption of innocence. They should be treated as such by the State of
Read the notice and proposed amendments here and the full text of ACLU of MAINE comments here.
