Narrative: Hubert Lindsey – Jailed for his Poverty
Prepared by Stephen Wandro
Can a person be sent to jail simply because he or she is poor? According to the laws in the United States, the answer to this question is no, but the reality of the situation is that many times, being poor can be directly related to a person being sent to jail. This was true for a man named Hubert Lindsey, who was treated unjustly by the criminal justice system that was designed to bring justice and order. Hubert lived in a tent in Gulfport, Mississippi and was unemployed; living in poverty in the United States is a difficult and undesirable situation in itself, but when combined with unfair treatment in the criminal justice system, it can be a nightmare. To add to his troubles, Hubert was disabled by “an unseeing eye and a mangled arm” (Roane 1). His story was made known by the Law Office of the Southern Center for Human Rights, which provides legal representation to those facing violations of human rights, as was the case with Hubert Lindsey. The criminal justice system was put into place to maintain order in society, but when there are clear violations of human rights as with this case, action must be taken to ensure that no more people are subjected to such unjust treatment.
On an ordinary night in July, Hubert Lindsey was stopped by Gulfport police officers for riding his bicycle without a light. Police records indicated that he owed $4,780 in old fines, so he was promptly arrested and taken to jail. As he was disabled, unemployed, and homeless, it was obvious that he would not be able to pay these fines. For this reason, legal activists sued the city of Gulfport in federal court, but little came of this lawsuit. Often times, poor defendants will plead guilty to crimes they did not commit in order to avoid jail time, however, little is known about Lindsey’s interactions with the police. What is known that he was sent to jail for owing a large amount of money in unpaid fines that he had no hope of ever being able to pay. Hubert had very limited options, and the Gulfport Police unjustly forced him from a difficult situation, into an even more horrible situation. Unemployment and homelessness are serious problems, and with disabilities like Hubert, the chances of improving his situation were very small. There is no doubt that Hubert had many problems, and some of them may have been his own fault, but the criminal justice system did not attempt to help him, and locking him in jail does little good for Hubert or society, as it only temporarily pushes the problem aside.
Hubert Lindsey, after he was arrested for his unpaid fines, had no lawyer to plead his case because he was poor. Forty years ago, the Supreme Court ruled that it was fundamental right of all Americans accused of crimes to have competent legal counsel. However, according to the American Bar Association, thousands of defendants, like Hubert, still go through the court system without a lawyer. So because Hubert was not adequately represented, the question never came up whether he was knowingly violating the law or simply too poor to pay the fines. Nor was the question of whether or not Hubert even really owed the fines to the city. This kind of underrepresentation is absolutely unacceptable, and illegal, in the American court system. It is clear that Hubert’s interests were not represented, and he was left with no guidance as he navigated through the criminal justice system. According to Norman Lefstein of the American Bar Association’s Indigent Defense Advisory Group, “Inadequate counsel often leads to wrongful conviction” (Roane 1). This could very well be the case with Hubert, as perhaps with competent representation, he would have been found not liable for his fines, a fact that will remain unknown because he was underrepresented and was incapable of representing his own interests.
After he was found liable for his unpaid fines, Hubert was ordered by the judge to serve out his fines in jail time, which lasted a whole two months. This sentence was not a victory for anybody, the city does not regain the fine money, and must pay to keep him in jail, and Hubert spent two months rotting in jail, unable to do anything productive to improve his situation. Positive alternatives to jail time, such as community service, were not even mentioned in Hubert’s case, which is unfortunate because community service would have been a constructive alternative that would benefit Hubert and the city. Poor, homeless, and disabled, Hubert was processed through the criminal justice system, but no justice came from his trial or sentence, no good was done for Hubert or the city of Gulfport. The glaring lack of representation was obviously a negative factor in his trial, and therefore his poverty was directly linked to his punishment and treatment in the court system. Was justice really served by forcing this disabled man to sit in jail for two months for unpaid fines that he had no hope of ever being able to pay back?
What Hubert’s case ultimately represents is a failure of the criminal justice system. A failure to fairly represent a criminal defendant as required by law, and a failure to provide any sort of constructive solutions for a poor man in a difficult position. On a positive note, groups such as the Law Office of the Southern Center for Human Rights and other activists are attempting to help people like Hubert receive competent legal representation and fair treatment in the criminal justice system. This is an issue that should concern all Americans. The purpose of the criminal justice system and prison system is to protect us and deliver justice in a fair manner. However, what has become true is that poverty can lead to unfair underrepresentation in the court system. This is not justice of any kind, and the system must be remedied so that economic status has no effect on treatment in the criminal justice system, so that a poor, disabled man like Hubert can receive the representation he needs for a fair trial.
