Debtors' prison

I hate tomayre Yomommahog (talk) 15:35, 18 November 2010 (UTC) Prior to the mid 19th century debtors' prisons were a common way to deal with unpaid debt. Debt prisoners often died of disease contracted from other debt prisoners. Conditions included starvation and abuse from other prisoners. If the father of a family was imprisoned for debt, the family business often suffered while the mother and children fell into poverty. Unable to pay the debt, the father often remained in debtors' prison for many years. Some debt prisoners were released to become serfs or indentured servants (debt bondage) until they paid off their debt in labor.

United States

In 1833 the United States abolished Federal imprisonment for unpaid debts, and most states outlawed the practice around the same time. Before then, the use of debtor's prisons was widespread; signatories to the Declaration of Independence, James Wilson & Robert Morris were both later incarcerated, as were 2,000 New Yorkers annually by 1816. Henry Lee III, better known as Light-Horse Harry Lee, a Revolutionary War general, former governor of Virginia, and father of Robert E. Lee, was imprisoned for debt between 1808 and 1809. Sometimes, imprisonment would result from less than sixty-cents worth of debt.

It is still possible to be incarcerated for debt, though this may be unconstitutional unless the court finds that the debtor actually possesses the means to pay.

The constitutions of the U.S. states of Tennessee and Oklahoma forbid civil imprisonment for debts.

Notable previous Virginia debtors' prisons

• Accomac

• Worsham

• Tappahannock

Greece

Ιmprisonment for debts, whether to the tax office or to private banks, was still practiced until January 2008, when the law changed after imprisonment for unpaid taxes or other debts to the government or to the social security office was declared unconstitutional after being practised for 173 years, but still retained imprisonment for debts to private banks. However, the situation regarding imprisonment (προσωποκράτηση) for debts to the government is still unclear, as courts continue to have this ability for criminal acts.

Germany

In the Middle Ages, before the introduction of public law, a debtor who defaulted could be sent to debtor’s prison by the creditor, which was often a private prison. This would often be accompanied by a work program. In the late Middle Ages, and at the beginning of the modern era, public law was codified in Germany. This served to standardize the coercive arrest (Pressionshaft), and got rid of the many arbitrary sanctions that were not universal. In some areas (like Nürnberg) the debtor could sell or redistribute their debt. In most of the cities the towers and city fortifications functioned as jails. For certain sanctions there were designated prisons, hence some towers being called debtors prison (Schuldturm). The term Schuldturm, outside of the Saxon constitution, became the catchword for public law debtor’s prison.

Schuldturm in Nuremberg

In the modern era the debtor’s detainment or citizen’s arrest remained valid in Germany. Sometimes it was used as a tool to compel payment, other times it was used to secure the arrest of an individual and ensure a trial against them in order to garnish wages, replevin or a form of trover. This practice was particularly disgraceful to a person’s identity, but had different rules than criminal trials. It was more similar to the modern enforcement of sentences (Strafvollzug) e.g.: the debtor would be able to work off their debt for a certain amount of days, gradated by how much they owed. During the 19th Century the debtor’s prison in Europe was mostly eliminated. In France this process began in 1867, then came Austria, and the North German Confederation on May 29th, 1868. Great Britain passed the Debtors Act in 1869 and in Sweden the step was taken in 1879. In 1976 Article 11 of the ICCPR – International Covenant on Civil and Political Rights – came into effect stating, “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.”

At present a comparable concept to debtors prison still exists in various forms in Germany:

• A maximum 6 months of coercive arrest (Erzwingungshaft) is still available for a sworn affidavit for insurance of a debtor under §901 ZPO.
• A maximum of 6 weeks coercive arrest for refusal of payment or fine.
• As an alternative sentence.
• As a personal arrest for the securing of a foreclosure or garnishment on wages

United Arab Emirates

Debtors in the United Arab Emirates, including Dubai, can be imprisoned for failing to pay their debts.

China

While Hong kong has long imprisoned debtors, the first mainland prison sentence for unpaid debts was handed down in 2008. Life imprisonment is possible for non-repayment of debts incurred with "malicious intent".

See also

• Debt bondage
• Poor Law
• Poorhouse
• Sponging-house
• Bankruptcy
• Province of Georgia in the colonial United States, originally intended to be settled by debtors

Literature

• Karl Gratzer: Default and Imprisonment for Debt in Sweden, in: Karl Gratzer, Dieter Stiefel (Eds.): History of Insolvency and Bankruptcy from an International Perspective, Huddinge 2008, S. 16ff.

External links

• http://www.apva.org/debtorsprison/