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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: eastforker
Driving a taxi in my "retirement", I meet a lot of people in trouble for not paying a simple fine.

What they don't seem to understand is that they only have to show up at the clerk's office once every week or so and make a token payment to soothe ruffled feathers. The courts are easy to navigate and if you show some simple respect, they'll gladly cut some slack.

81 posted on 08/21/2016 7:38:04 AM PDT by metesky (My investment program is holding steady @ $0.05 cents a can.)
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To: DoughtyOne
Agree. If this passes the SCOTUS, expect crime to skyrocket. At the initial arraignment all the thug has to do is plead "poverty". "I ain´t got no money"

-- and he is back out on the street. What good does it do to arrest a thug if he is going to be back on the street within 24 to 28 hours? And then rearrest him for committing another crime.

Is the ultimate goal for chaos to ensue?

82 posted on 08/21/2016 7:51:57 AM PDT by Mrs. Don-o ("It is better to better to be slapped with the truth than to be kissed with a lie.". Yiddish proverb)
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To: metesky

Not all the time. If you are convicted, .gov keeps part of it.


83 posted on 08/21/2016 8:40:49 AM 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; All

Isn’t the true problem the snails pace of the court system and the lack of speedy trials after arraignment? If a man is arrested on Saturday, there should be no reason why he shouldn’t be tried and convicted by the next Saturday. That way you don’t need bail unless it is to plan for your life behind bars after conviction. If a case can’t be made for your guilt or innocence in a week, screw you. Of course this assumes that ONLY actual crimes against someone will be brought. No more amorphous “State is preferring charges”. Either someone was harmed and can prove it, or don’t waste the courts time.


84 posted on 08/21/2016 9:02:50 AM PDT by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: Engedi

That is slavery, plain and simple. Give me an example of a crime that requires slavery to the state? If you steal a mans wallet, its a crime, if you assault the man, its a crime. Anything that is called a crime but involves no complainant is not a crime except if a third party needs to step in to protect someone unable to stand up for themselves. Crimes against “The State” are not really crimes. They exist only because the State is doing things it shouldn’t under the Constitution. I can hardly think of a crime that does not require an injured party in a logical system, yet the State will load up charges on a gas station robbery 10 ways from Sunday. All the way down to lying to the police to get out of trouble. Why in Gods name is that a crime, when our President and candidates openly lie all the time to the same authorities?


85 posted on 08/21/2016 9:15:56 AM PDT by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: Enlightened1

Poor people can’t be helped from crime. They shouldn’t be held accountable; it’s not their fault!

And rich people “don’t commit crime” because they can control the FBI.

Who can we get to fill the jails? Maybe the conservatives?


86 posted on 08/21/2016 9:18:06 AM PDT by Yaelle (Sorry, Mr. Franklin. We've been extremely careless with our Republic.)
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To: Mrs. Don-o

Yes, we’re on the same page here.

It sure is the ultimate goal for chaos to ensue.


87 posted on 08/21/2016 9:23:10 AM PDT by DoughtyOne (He wins & we do, our nation does, the world does. It's morning in America again. You are living it!)
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To: Popman

A $5,000 bond would be pay $500 to the court. After trial, the court refunds any that isn’t taken out for fines and court costs. If you are a no show at the trial, the court issues a warrant for your arrest and you become liable for the whole $5000.

If you paid the $500 to a bondsman, that’s his fee, you get nothing back. Eliminating the middle man is a good thing.


88 posted on 08/21/2016 10:42:56 AM PDT by Graybeard58 (Bill and Hillary Clinton are the penicillin-resistant syphilis of our political system.)
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To: Engedi

hat’s actually what mostly happens. It’s hard enough to get the county or state to keep people IN incarceration who really need to be there.


89 posted on 08/21/2016 10:50:23 AM PDT by imardmd1 (Fiat Lux)
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To: Enlightened1

So why have Bail at all.... heh heh


90 posted on 08/21/2016 11:26:52 AM PDT by hawg-farmer - FR..October 1998 (VMFA 235 '69-72)
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To: Enlightened1

This will become the law of the land under Clinton.


91 posted on 08/21/2016 12:51:54 PM PDT by Captain Jack Aubrey (There's not a moment to lose.)
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To: Theoria

So....the 8th actually say’s if you can’t afford it....it’s too high?


92 posted on 08/21/2016 11:11:04 PM PDT by Osage Orange (You hurt my family...you better watch your six.)
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To: Theoria; eastforker

I should have added they’ll cut you some slack especially if you’re an LIV or a gibsmedat.


93 posted on 08/24/2016 2:40:55 AM PDT by metesky (My investment program is holding steady @ $0.05 cents a can.)
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To: Enlightened1

12% of the population holds the rest of us hostage. Imagine the US without them.


94 posted on 08/24/2016 3:06:28 AM PDT by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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