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DOJ against holding people because they can't afford bail
washingtonexaminer.com ^ | Aug. 20, 2016 | T. BECKET ADAMS

Posted on 08/21/2016 1:11:09 PM PDT by PROCON

It is unconstitutional for defendants to be held in jail simply because they can't afford to post bail, the Justice Department asserted this week.

This marks the first time that the federal government has sided with this position before an appeals court, according to NBC News.

In a friend of the court briefing, the DOJ said: "Bail practices that incarcerate indigent individuals before trial solely because of their inability to pay for their release violate the Fourteenth Amendment."

The Fourteenth Amendment guarantees that no citizen can be denied "life, liberty or property, without due process of law."

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


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: bail; bhodoj; doj; judicialsystem; poverty; prisoners
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The DOJ's filing came in the case of a Calhoun, Georgia, man who was held for six nights on a misdemeanor charge because he couldn't afford to post the $160 bail.

This case was over the top but I see a lot of problems if every misdemeanor offender is released on personal recognizance. I suspect more than less will never show-up for their hearing.

1 posted on 08/21/2016 1:11:09 PM PDT by PROCON
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To: PROCON

Weird that “trespassers” from south of the border don’t seem to have any problem getting out of jail. Weird that “refugees” have no problem getting benefits, but Social Security is always near collapse and Vets struggle trying to meet requirements to get care. Geez, I don’t recall asking Uncle Sam if I needed to make below a certain amount or have a certain amount of assets when I joined.


2 posted on 08/21/2016 1:15:58 PM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: PROCON
The DOJ's filing came in the case of a Calhoun, Georgia, man who was held for six nights on a misdemeanor charge because he couldn't afford to post the $160 bail.

Now that is some serious poverty. No family members or friends to bail him out? What about the gajillion bail bond joints that surround every courthouse in the land? The court wouldn't release him on PR for a misdemeanor? He couldn't scrape together $160? Something doesn't add up in this case. Sounds like he enjoys three hots and a cot more than anything.

3 posted on 08/21/2016 1:16:15 PM PDT by ProtectOurFreedom
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To: PROCON

DOJ doing what it can to flood the streets with criminals and you’re going to jail if you do anything to defend yourself.


4 posted on 08/21/2016 1:16:50 PM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: PROCON

I agree with the premise that people should not be kept in gaol just because they can’t afford to buy their way out.


5 posted on 08/21/2016 1:17:06 PM PDT by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero)
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To: PROCON

Let me get this straight....Bubba high on crack cocaine whacks aunt gladys and steals her purse to get more money for drugs...and now they have to let him go because he can’t afford bail...i mean what could go wrong....
IT’S INSANE!


6 posted on 08/21/2016 1:22:56 PM PDT by lexington minuteman 1775
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To: PROCON

On the way ...

https://www.youtube.com/watch?v=RZIzD0ZfTFg&index=22&list=RDqp6mXmHNPlg


7 posted on 08/21/2016 1:23:58 PM PDT by soycd
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To: PROCON

Unless they are white natural born citizens.


8 posted on 08/21/2016 1:25:38 PM PDT by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: PROCON

suppose an accused of modest means, say a plumber, is accused of, oh, drug trafficking, and bail is set at 250K cash bond. something he cant raise. does he get out of jail free as well?


9 posted on 08/21/2016 1:25:45 PM PDT by xkaydet65
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To: PROCON

Yeah right, the perp and his family doesn’t have $160? I don’t believe it. And if his family has squandered their money and doesn’t have $160 in savings then perhaps he should think next time before committing crimes. No sympathy here.


10 posted on 08/21/2016 1:30:46 PM PDT by plain talk
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To: PROCON

Except in cases brought by the feral government, of course.


11 posted on 08/21/2016 1:39:13 PM PDT by E. Pluribus Unum (If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
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To: PROCON

Why don’t the bozos down at the “DOJ” just pay the bail for their criminal pals out of their own pockets. This is discrimination. If you are a hardworking American taxpayer, you have to pay bail. If you are a freeloading, criminal, you don’t have to pay bail That’s bull****.


12 posted on 08/21/2016 1:46:31 PM PDT by FlingWingFlyer (Let's Make Our Government and Founding Documents Great Again!)
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To: PROCON

If you can’t do the time, don’t do the crime.


13 posted on 08/21/2016 2:48:19 PM PDT by jch10 (Stand strong! we have a country to save!)
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To: PROCON

Judge: Mayhem and Mischief? Bail $200.

Perp: Your honor, I have a ‘pre-qualified indigent’ card, right here

Judge: You’re free to go


14 posted on 08/21/2016 2:49:54 PM PDT by blueplum ((March 11, 2016 - the day the First Amendment died?))
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To: FlingWingFlyer
Don't do the crime, and all of this "bail" nonsense goes away.

The constitution talks about "reasonable" bail.

$160 is not "unreasonable".

By any measure.

Can we PLEASE have an adult in the WH in 2017?

15 posted on 08/21/2016 2:52:11 PM PDT by boop (And then Hillary fell into a deep sleep for 11 months...)
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To: FlingWingFlyer
I'm thinking that the next "stroke of a pen" move will be establishment of a "Get out of Jail Loan" program with an automatic waiver of payment after a few years.
Something like they're proposing for college loans.
16 posted on 08/21/2016 3:08:56 PM PDT by norton
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To: PROCON

You think? lol


17 posted on 08/21/2016 3:12:34 PM PDT by ataDude (Its like 1933, mixed with the Carter 70s, plus the books 1984 and Animal Farm, all at the same time.)
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To: PROCON

I remember an old READER’S DIGEST article fifty years ago in which it was shown that the crime rate skyrocketed when certain cities in the North East began to release arrested persons on their own recognizance if they could not pay bail.


18 posted on 08/21/2016 3:21:21 PM PDT by Ruy Dias de Bivar
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To: PROCON

The basis for bail is to assure appearance at court. History,family ties etc. can allow for release on own recognizance and does. The jails are full.


19 posted on 08/21/2016 3:31:36 PM PDT by amihow (l8)
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To: PROCON

Why have jails?

And in California illegals get to keep their cars when they are busted for DUI or other serious traffic violations that would result in the car being impounded.


20 posted on 08/21/2016 3:36:54 PM PDT by Organic Panic (Hillary Clinton, the elderly woman's version of "I dindu nuffins.")
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