News for hackers. Stuff that matters.
Re:FCC votes unanimously to dramatically limit prison teleco... by nativeit on Friday July 19, 2024 @01:22PM (#41008773)
This does not include those who were not wrongfully convicted, but who did not serve out the entirety of their sentences, or who had been released without the state admitting wrongdoing. This appears to be more limited in scope than the parent comment’s underlying point.
Re:FCC votes unanimously to dramatically limit prison teleco... by ClarityJones on Friday July 19, 2024 @01:53PM (#41009142)
Yes it does.

Nelson v. Colorado, 581 U.S. 128 (2017) ("When a criminal conviction is invalidated by a reviewing court and no retrial will occur, is the State obliged to refund fees, court costs, and restitution exacted from the defendant upon, and as a consequence of, the conviction? Our answer is yes. Absent conviction of a crime, one is presumed innocent.")

Notice how I'm citing cases and those arguing the contrary are just saying stuff.

Re:FCC votes unanimously to dramatically limit prison teleco... by kn0where on Friday July 19, 2024 @02:28PM (#41009529)
So if you went to prison for 7 years, and your conviction wasn’t overturned but you served your time, it’s somehow ok for the government to send you a bill for $50 * 365 * 7 = $127750? When convicted felons usually struggle to find better than minimum wage jobs due to their records? What a perversion of “justice”. And if you get out early for good behavior or due to prison overcrowding (again, your sentence was valid) you still get charged for the full 7 years? How is that morally reasonable?
Re:FCC votes unanimously to dramatically limit prison teleco... by ClarityJones on Friday July 19, 2024 @04:11PM (#41010603)
How is that morally reasonable? I think it depends on whether the court was aware of this and considered it during sentencing. If someone served 7 years for a major corruption charge, paid $1.5 Million in restitution, and $250k in fines, then I think $127k in fees might be perfectly reasonable.

If someone served 7 years on a drug charge, the part that I would find morally reprehensible would probably be the incarceration. In my mind 7 years of prison is a lot worse than the $127k.

I am not a bankruptcy (or criminal) lawyer, but it may also be dischargeable in bankruptcy. What I see online says "punitive" charges are not dischargeable, but "reimbursement" based charges are and this seems related to reimbursing the state for the cost of the bed.

Re:FCC votes unanimously to dramatically limit prison teleco... by rustcleaner on Friday July 19, 2024 @04:52PM (#41011062)
No it is theft, also I think it's like this because the state needs criminals to justify its standing army and policing powers. If it's this hard to do well, kneecapping someone only makes it more likely they will betray society instead of rejoining it. No criminals means no need for police or SWAT or overreaching crime fighting powers or overbearing surveillance. The State is a higher order organism which needs criminals to justify itself.
Re:FCC votes unanimously to dramatically limit prison teleco... by mcguire on Friday July 19, 2024 @02:36PM (#41009644)
Notice the "criminal conviction is invalidated by a reviewing court and no retrial will occur" part?
Re:FCC votes unanimously to dramatically limit prison teleco... by notaustinpowers on Friday July 19, 2024 @01:57PM (#41009192)
Well, citations don't really matter when the topic in question is regarding Florida law and you're citing Colorado law.
Re:FCC votes unanimously to dramatically limit prison teleco... by matheist on Friday July 19, 2024 @02:06PM (#41009290)
The name has "Colorado" in it but it's a SCOTUS case that turns on the 14th amendment to the Constitution, so it's valid in Florida too.
Re:FCC votes unanimously to dramatically limit prison teleco... by TylerE on Friday July 19, 2024 @01:57PM (#41009187)
No it doesn't. "Wrongful conviction" is a term of art with a very specific meaning here. Likewise "fees".
Re:FCC votes unanimously to dramatically limit prison teleco... by Maxatar on Friday July 19, 2024 @04:10PM (#41010595)
nativeit says that it doesn't apply to those who were not wrongfully convicted, then an authoritative source is presented that clearly states that it does apply to those who were not wrongfully convicted, and your counterclaim is that "wrongfully convicted" is a term of art with a specific legal meaning?

What on Earth???

Re:FCC votes unanimously to dramatically limit prison teleco... by TylerE on Friday July 19, 2024 @05:01PM (#41011169)
Getting released before serving your entire sentence is not a wrongful conviction.
Re:FCC votes unanimously to dramatically limit prison teleco... by Maxatar on Friday July 19, 2024 @05:04PM (#41011211)
No one claimed it is.
Re:FCC votes unanimously to dramatically limit prison teleco... by TylerE on Friday July 19, 2024 @05:24PM (#41011485)
That's literally the scenario

That's why this whole thing doesn't apply. "Wrongful conviction" is a very narrow term.

Re:FCC votes unanimously to dramatically limit prison teleco... by Maxatar on Friday July 19, 2024 @05:30PM (#41011556)
Tell that to the person who said that it doesn't apply to those who were not wrongfully convicted, using those exact words, not the person who is providing authoritative references stating that it does.