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It's not my definition, it's what the law says. In
Bearden v. Georgia, SCOTUS threw out the idea of imprisoning someone because they could not pay a fine. However, they also said this; a judge must first consider whether
the defendant has the ability to pay but "willfully" refuses. Since the court did not instruct the judges as to how to define
willfully refuses, every judge can make up their own standards on this. If, in a judges opinion, she/he feels a person can pay, but will not, then they can then go to jail....not for an inability to pay but for a "refusal to pay."
The issue here has nothing to do with a "victimless crime".