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Justice Department Says Poor Can't Be Held When They Can't Afford Bail
NBC News ^ | 08/19/16 | Pete Williams

Posted on 08/20/2016 7:01:19 PM PDT by Enlightened1

Holding defendants in jail because they can't afford to make bail is unconstitutional, the Justice Department said in a court filing late Thursday — the first time the government has taken such a position before a federal appeals court.

It's the latest step by the Obama administration in encouraging state courts to move away from imposing fixed cash bail amounts and jailing those who can't pay.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: afford; bail; justicedepartment; poor
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To: little jeremiah

That’s what bail bondsmen are for.

Many states do not have bail bondsmen.


41 posted on 08/20/2016 9:31:38 PM PDT by Graybeard58 (Bill and Hillary Clinton are the penicillin-resistant syphilis of our political system.)
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To: Osage Orange

8th amendment is clear...’Excessive bail shall not be required’. If you can’t afford bail, then it’s too high.


42 posted on 08/20/2016 9:33:13 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Enlightened1

It’s called “Court is now optional, and so is obeying the law”.

There is law firm here in the St. Louis Metro suing municipalities for jailing people. The law firm says it was because they were poor. The municipalities say its because they refuse to come to court to plea their case or work out some type of payment plan. We are talking years of failures to appears and tens of thousands of cases.

Now its nationwide? Oh boy...


43 posted on 08/20/2016 9:35:37 PM PDT by Molon Labbie (Hillary- Time To Change the Bag...)
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To: Graybeard58

Oh.

Well, if someone has a bail of say 10 grand, can’t they put up 10%? Since I have never been arrested, I don’t know how it works very well.

But if anyone has to post bail, exceptions for income “disparity” should not enter the equation.


44 posted on 08/20/2016 9:38:11 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
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To: Theoria

So what about people who have committed absolutely vicious crimes and their bail is extremely high so they won’t go out on the street and commit more crimes? They should have low bail so they can be free to commit more crimes?


45 posted on 08/20/2016 9:39:29 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
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To: Enlightened1

Maybe they can work their way out. Wash dishes, or do laundry.

Nah....lets just have a free for all for so that they can take what they want. There hasn’t been enough FreeStuff handed out, yet.

Geez.


46 posted on 08/20/2016 9:40:54 PM PDT by Jane Long (Go Trump, go! Make America Safe Again :)
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To: little jeremiah
Bail doesn't mean someone is innocent or guilty. Merely to help encourage someone to appear at court. The Justice system has transformed that processes into a revenue scheme.

Your word should do just fine. The entire point is to show up for trail.

As for the 'crimes' it should be up to the judge or not to set bail. Just like it has always been, going back to our founding.

47 posted on 08/20/2016 9:46:16 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Enlightened1

Its on.

No mercy.


48 posted on 08/20/2016 9:49:29 PM PDT by Rome2000 (SMASH THE CPUSA-SIC SEMPER TYRANNIS-CLOSE ALL MOSQUES)
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To: Theoria

That sounds reasonable.

But if there is bail, it should absolutely not depend on the finances of the arrestee. And of course there is so much else about the justice system that is infinitely worse than the bail/no bail situation.


49 posted on 08/20/2016 9:54:33 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
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To: Enlightened1

OK, no Bail for anyone. Will “Just Us” be happy with that?


50 posted on 08/20/2016 9:56:55 PM PDT by Kickass Conservative (Hillary Clinton has killed FIVE* more People than Three Mile Island. *revised...)
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To: little jeremiah
'it should absolutely not depend on the finances of the arrestee.'

Why not? It should all be factored in. Excessive bail is excessive bail. If it will financially ruin you to post bail, simply to appear in court, that is crazy.

Again, bail should not be a form of bribery to the government or some revenue scheme.

51 posted on 08/20/2016 9:59:42 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Theoria

I totally disagree. If there is bail at all, it should be commensurate with flight risk and severity of crime.

Should drivers license fees, property taxes or anything else be one sliding scales?


52 posted on 08/20/2016 10:01:22 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
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To: Enlightened1

Insane.

Revolt must occur soon or insanity will overwhelm the sane.


53 posted on 08/20/2016 10:04:14 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Enlightened1

BLM crowd has money. They can pay.


54 posted on 08/20/2016 10:05:49 PM PDT by Lopeover (2016 Election is about allegiance to the United States!)
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To: little jeremiah
The judge factors in flight risk, all that stuff.

As for the sliding fees, I think lower income people already take it on the chin for those other fees. Especially with the current economy. Poorer people probably don't have property taxes[probably pay it via rent], drivers license, etc.

No, I don't think it is should be on a sliding scale. Do ya think 'rich' people should be to pay thousands and thousands in speeding tickets?

55 posted on 08/20/2016 10:10:49 PM PDT by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: Enlightened1

Is this satire?


56 posted on 08/20/2016 10:21:40 PM PDT by MHT (,`)
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To: digger48
Bond is set depending on the severity of the crime. Not ones ability to pay it.

It's the "Kate Steinle" ruling... killers can walk when caught if they say they're broke?

The Department of Justice has morphed into the "Criminal Protection Agency...

57 posted on 08/20/2016 10:24:22 PM PDT by GOPJ (Leftist agitators employe fascist tactics Kyle Olson FRAUD IS DONE BY VOTING THOSE WHO DON'T SHOW UP)
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To: GOPJ

I am praying that the electorate wakes up.


58 posted on 08/20/2016 10:33:08 PM PDT by Irish Eyes
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To: SkyPilot

That’s a phenominal number. good thing the MSMorons are all over it


59 posted on 08/20/2016 10:47:39 PM PDT by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: little jeremiah
Well, if someone has a bail of say 10 grand, can’t they put up 10%? Since I have never been arrested, I don’t know how it works very well.

The fee to the bail bondsman is 10%. If you have the assets (house, stocks, etc.) to back the loan, then the bail bondsman will cover the bail amount for you.

60 posted on 08/20/2016 11:01:32 PM PDT by Cementjungle
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