[Jamie] Tillman told me that she thought she had no choice but to plead guilty — it was unlikely, she believed, that the judge would take her word over that of the arresting officers. “I admit, your honor,” she said. “I just want to get me out of here as soon as possible.” Under Mississippi state law, public intoxication is punishable by a $100 fine or up to 30 days in jail. Ross opted for the maximum fine. Tillman began to cry.
The Federal Reserve Board has estimated that 40 percent of Americans don’t have enough money in their bank accounts to cover an emergency expense of $400. Tillman didn’t even have $10. She couldn’t call her family for help. She was estranged from her father and from her mother, who had custody of Tillman’s two young daughters from a previous relationship.
“I can’t — ” Tillman stammered to Ross. “I can’t — ”
Ross explained the system in his court: For every day a defendant stayed in the Alcorn County jail, $25 was knocked off his or her fine. Tillman had been locked up for five days as she awaited her hearing, meaning she had accumulated a credit of $125 toward the overall fine of $255. (The extra $155 was a processing fee.) Her balance on the fine was now $130. Was Tillman able to produce that or call someone who could?
“I can’t,” Tillman responded, so softly that the court recorder entered her response as “inaudible.” She tried to summon something more coherent, but it was too late: The bailiff was tugging at her sleeve. She would be returned to the jail until Oct. 14, she was informed, at which point Ross would consider the fine paid and the matter settled.
That night, Tillman says, she conducted an informal poll of the 20 or so women in her pod at the Alcorn County jail. A majority, she says, were incarcerated for the same reason she was: an inability to pay a fine. Some had been languishing in jail for weeks. The inmates even had a phrase for it: “sitting it out.” Tillman’s face crumpled. “I thought, Because we’re poor, because we’re of a lower class, we aren’t allowed real freedom,” she recalled. “And it was the worst feeling in the world.”
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