Home » Featured, Law, The Archive

Texas Screws the Pooch

Submitted by J Boogie [TLL] on Saturday, 9 May 2009Comments

prisonA Texas man spent 83 days in jail for failing to report to jury duty. This is not surprising coming out of a state like Texas. (You see how many people they put on Death Row annually, don’t you?)  Not only was the man denied the right to apply for a Public Defender to assist him with his situation, but he was denied the basic constitutional rights of Due Process (guaranteed by the  14th Amendment for actions by the state, and guaranteed by the 5th Amendment for actions by the federal government) to have a fair and speedy trial. Perhaps this isn’t too surprising, considering the state of Texas has a penchant for reading the constitution in ways most convenient to itself. Instead, the man spent nearly three months in jail for skipping out on jury duty in 2003. From SF Gate/AP:

A man arrested for allegedly failing to appear for jury duty was released Saturday after spending 83 days in jail, a length of detention that a judge called “unacceptable.”

Douglas Maupin was released a day after The Dallas Morning News brought his plight to the attention of a Collin County judge.

Maupin, a masonry contractor, was arrested Feb. 15 after police pulled him over for speeding. Police then detained him on a 2003 warrant for failure to appear for jury duty.

He wrote a letter to the newspaper about his lengthy jail stay, then said in a jailhouse interview that he, his friends and family could not afford his $1,500 bail.

He said his attempt to get a public defender was rebuffed by a jail clerk.

District Judge Chris Oldner said he was unaware of Maupin’s detention until Friday, even though the case was assigned to his court. The judge who signed the original 2003 warrant had retired, and officials said the case was assigned to the court of his replacement but the offense didn’t fall under that court’s responsibility.

“He should not have spent that much time. This is unacceptable,” Oldner told the Morning News. “I don’t know why the process failed to notify us.”

Oldner also said that Maupin should have been allowed to apply for a public defender.

Maupin, 34, said he just wanted his day in court.

“I do know I have the right to due process and a speedy trial,” he said. “I’ve had neither. It’s not right.”

The judge said he was “disappointed this has happened,” and promised to investigate.

This peculiar case also raises another very important issue that has become more troubling over the years. Prison (and jail) systems have become overcrowded, and the construction and operation of such institutions is big business. In a much smaller way, I would analogize it to the military-industrial complex that we have. Obviously if we have an ever-expanding prison system, then we are going to find new reasons and ways to toss people in the slammer. If you have the space and you’ve spent the money to build it, you might as well fill it up. This why the United States houses 25% of the world’s prisoners despite comprising only 5% of the world’s population. This mentality is the reason why our nation wastes huge sums of money annually on prison maintenance and construction, which includes the costs of housing prisoners. If you disagree with me, please re-read the beginning of this article. Not only is it a constitutional violation of Mr. Maupin’s rights, but it’s a huge waste of money to hold someone like him in jail for 83 days.  I believe you will be hard-pressed to find someone who actually thinks jailing someone for 83 days for skipping out on jury duty is a good use of resources. TEX-FAIL? You bet they did. Texas, you are a habitual line stepper.

 

Bookmark and Share

  • Maduck
    do you think Texas has done anything progressive re: law? i mean i heard from someone (just taking his word) that they started to decriminalize marijuana in the state (just giving a fat ticket), not sure if this is true or not (too lazy to google)...a book on texas and the law would be epic (i.e. all they do wrong)
blog comments powered by Disqus