Vaccine or prison: US judges pass unusual sentences

At least two judges in Ohio have declared COVID-19 vaccination a condition of parole. Experts believe that although judges have discretion in setting such rules, it is not yet a well-researched area to do so. Writes about it The New York Times.

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As the number of cases of coronavirus infection in Ohio rises, some judges are putting forward unusual conditions for those released on probation: to receive the COVID-19 vaccine or go to jail.

On August 4, Judge Christopher Wagner of the Hamilton County General Court told Brandon Rutherford, who has been convicted of drug offenses, that he must be vaccinated within 60 days as part of his "public scrutiny" release and probation.

“I'm just a judge, not a doctor, but I think the vaccine is much safer than the fentanyl that was in your pocket,” the judge told 21-year-old Rutherford.

“Within the next two months, you must get the vaccine and show it to the probation department,” the judge said. “If you break it, you can go to jail.”

On June 22, another General Court judge Richard Fry in Franklin County gave Silvaun Latham, who pleaded guilty to drug and firearm crimes, up to 30 days for vaccinations, according to court records. If Latham violates this and other conditions, he could go to jail for 36 months. The records show that Mr. Latham agreed to be vaccinated.

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The sentences were a unique breakthrough in public health discussions in the United States about how civil liberties intersect with mask and vaccination orders.

Judges' decisions are at the heart of how personal freedoms are viewed through the lens of public health in a pandemic. David J. Carey, deputy director of legal affairs for the American Civil Liberties Union of Ohio, said he saw no "clear" violation of civil rights.

“This is a potentially dark area,” he said. “There are certainly legitimate concerns about telling someone to do something that affects their bodily autonomy.” They must have a good reason for this."

“The question here is whether there is such a compelling interest and whether it is relevant to the purposes of probation,” Mr. Carey added. “Judges do have a lot of discretion in imposing conditions on behavior during probation. But this freedom of action is not unlimited. They still need to establish that it has a clear connection to the person's specific case."

In Ohio, as in the rest of the country, private businesses can have their own requirements for employees. Federal government employees must be vaccinated or regularly tested, but state and local government agencies set their own rules. Dan Tierney, spokesman for Gov. Mike DeVin, said there are more than 800 school districts in Ohio that operate independently.

DeWine said Ohio is an example of dual risk. “Those who are vaccinated are safe, those who are not vaccinated are not safe,” he said.

When asked about his decision, Judge Fry said that he had already issued vaccination orders three times, and none of the defendants raised medical or religious objections.

“Ohio law allows judges to impose reasonable probation conditions for the purpose of rehabilitating the defendant and protecting the public,” Judge Frye said. He said medical evidence suggests vaccination will protect others and keep those on probation safe as they seek or maintain employment.

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Sharona Hoffman, professor and co-director of the Center for Legal Medicine at Case Western Reserve Law School, said the combination of a sentence and a vaccine is unusual.

“Judges are getting creative to keep people out of jail,” she said. “They pass all sorts of sentences, and this is again to the benefit of the person.” And if you’re going to be out in the community, you can’t be running around giving people COVID-19.”

In some states, such as Georgia, judges have offered reduced sentences if defendants are vaccinated. Earlier this year, prisoners in Massachusetts were offered the option of reducing their prison sentences for vaccinations, but the decision was later overturned.

Michael Benza, a senior lecturer at Case Western Law School, said he believes other judges in other states are setting similar conditions for probation, but he is not sure if this is a widespread practice across the country.

He said that by adding vaccinations to conditions that include employment, the judges stayed within the rules, but added: “I think the problem with this type of decree is that if the defendant challenges it, I think there is a significant chance that the decree will be recognized as incorrect. This is a compulsion to a medical procedure. "

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In court, Rutherford told the judge "no, not one bit" when asked if he was afraid of being vaccinated.

But Rutherford said he didn't want to get vaccinated.

“I didn’t plan to get vaccinated. “I don’t want this,” he said. “When he told me I had to get vaccinated so I wouldn't violate my probation, it's crazy because I'm just trying to do everything I can to get out of this as quickly as possible, like get a job and everything.” , but this little thing can set me back.”

Judge Wagner said that "judges regularly make decisions regarding the physical and mental health of the accused, such as prescribing treatment for drugs, alcohol and mental disorders."

He added that Rutherford had fentanyl, "which is more dangerous than the vaccine and COVID 19."

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