The Irish have been using this "system" for some time - the
Court Poor Box.
"...The most common reason for making a decision such as this is that, in the opinion of the judge, while the prosecution has proven its case, it is not appropriate to enter a conviction. For example, the judge may anticipate that the defendant will not commit any other offence."
And it is not uncommon in the US either.
From traffic ticket to deductible donation.
So your fine is tax deductible in the US.
I doubt if the US swimmers' donations are tax deductible?
A number of provinces of Canada,
such as Ontario, allow it.
Although the
Public Prosecution Service of Canada is not a fan of it, it concedes that "Other federal statutes may permit the making of payments to organizations, as a component of alternative measures or sentence. "
The upshot of the Brasilian judge giving the US swimmers the option of a donation is that they "dodge" a conviction
The judge actually did the swimmers a favour by not entering in a conviction, with the possibility of jail time, community service and/or a fine.
That's the distinction between a fine and a donation. The former comes with a conviction, the latter does not.
At least they weren't forced to donate blood.
For Offenders Who Can’t Pay, It’s a Pint of Blood or Jail Time
“Good morning, ladies and gentlemen,” began Judge Wiggins, a circuit judge here in rural Alabama since 1999. “For your consideration, there’s a blood drive outside,” he continued, according to a recording of the hearing. “If you don’t have any money, go out there and give blood and bring in a receipt indicating you gave blood.”
For those who had no money or did not want to give blood, the judge concluded: “The sheriff has enough handcuffs.”
While this isn't corruption, it is certainly a violation of their personal rights.
I'd call it out-and-out blackmail by the judge.
But he was only threatening poor people, not rich US Olympic swimmers, so I guess there is nothing to worry about with this one.
