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Bad checks, Debtor's Prisons, and Prosecuting Attorneys: State v. Orth and Criminal Justice Policy

NCJ Number
119641
Journal
Criminal Law Bulletin Volume: 25 Issue: 4 Dated: (July-August 1989) Pages: 362-365
Author(s)
M Smith
Date Published
1989
Length
3 pages
Annotation
While the decriminalization of indebtedness is a constitutional promise in America, the so-called bad-check laws have rendered it a promise often broken; the jailing of poor people for insufficient-funds checks had been commonplace in some localities.
Abstract
A recent and unique decision of West Virginia's highest court, State v. Orth, may be the harbinger of a policy shift. The Orth decision ends the prosecuting attorney's role as the handmaiden of commercial business interests and enhances economic class neutrality in the criminal justice system. 11 references. (Publisher abstract)