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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: Enlightened1

Since when can the justice dept decide what is constitutional, and what is not. I thought that was SCOTUS’ job.


21 posted on 08/20/2016 7:20:10 PM PDT by FrankR (You're only enslaved to the extent of the charity that you receive!)
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To: Enlightened1

Insanity


22 posted on 08/20/2016 7:21:06 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Enlightened1

Don’t commit the crime! More lawlessness.


23 posted on 08/20/2016 7:28:12 PM PDT by madison10 (#OnlyTrump #NeverHillary)
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To: Enlightened1

Well, they could leave their EBT cards and illegal weapons with the baillif.


24 posted on 08/20/2016 7:29:26 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Enlightened1

Tell me this is SATIRE


25 posted on 08/20/2016 7:30:55 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: TigersEye

Seems to me the courts set bail. Not the just us dept.


26 posted on 08/20/2016 7:31:01 PM PDT by Mouton (The insurrection laws maintain the status quo now.)
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To: Enlightened1

Even non poor people can’t afford bail. That’s what bail bondsmen are for.

Lynch rhymes with witch thinks that black people should never have to spend a night in jail no matter what crimes they have committed.


27 posted on 08/20/2016 7:31:41 PM PDT by little jeremiah (Half the truth is often a great lie. B. Franklin)
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To: Enlightened1

Then, to make things equal, nobody gets bail.

Let’s see what happens then.

Can anybody say, “jail overcrowding”? At that point, it should be the government that pays for the added costs of jails and prisons and additional staff for jails/prisons and courts.


28 posted on 08/20/2016 7:32:35 PM PDT by adorno (w)
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To: Theoria

Yes it is. I doubt this will apply to major offenses but it should for minor ones. A person with a violation of probation on a minor offense can end up with a higher bail than a person who is charged with some pretty heavy crimes. Bail should not be set as a revenue collecting device but with the interest of public safety in mind.


29 posted on 08/20/2016 7:34:24 PM PDT by lastchance (Credo.)
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To: Enlightened1

BS


30 posted on 08/20/2016 7:36:18 PM PDT by deweyfrank (Nobody's Perfect)
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To: PrairieLady2
We are to be presumed innocent until proven guilty.

I despise this statement. If someone commits a crime, they are guilty of that crime whether or not proven so. A common sense understanding of that statement is that we cannot punish one unless we legally prove them guilty.

31 posted on 08/20/2016 7:36:33 PM PDT by LoneRangerMassachusetts (behind enemy lines)
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To: Enlightened1

Nonsense. The general purpose of bail is to assure the suspect returns to court for his/her trial. The greater their wealth, the greater the cost of fleeing the court’s order to appear. The less likely the chance of disobeying, the lower the cost. The more questionable the charges, the less the probability of not returning, hence the lower the bail. If you’re too poor to pay the bondsman, the room and board is free. Maybe that’s too simple, but it has worked for a long time.


32 posted on 08/20/2016 7:44:20 PM PDT by imardmd1 (Fiat Lux)
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To: imardmd1
“You can't arrest me. I'm dead.” - Susquehanna Hat scene from Abbot and Costello.
33 posted on 08/20/2016 7:47:54 PM PDT by MGG
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To: Enlightened1

I can hardly wait until one of the `poor` bomb the white house, we`ll see who gets bail.


34 posted on 08/20/2016 7:53:06 PM PDT by jerod (Pro-Abortion Gun Control Freaks & Environmental Nuts who hated Capitalism? The Nazi's)
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To: Theoria

I follow “Right on Crime” which espouses a Conservative approach to criminal justice reform. They have some good points on why bail reform is a small government and personal liberty issue that Conservatives should be aware of.


35 posted on 08/20/2016 8:49:57 PM PDT by lastchance (Credo.)
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To: Enlightened1

So if a mass murderer is poor they should be ORed?


36 posted on 08/20/2016 8:52:56 PM PDT by Nifster (Ignore all polls. Get Out The Vote)
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To: Enlightened1
whats next, just give them an appearance ticket when they get caught?
37 posted on 08/20/2016 9:07:50 PM PDT by Chode (You Owe Them Nothing - Not Respect, Not Loyalty, Not Obedience, NOTHING!)
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To: LoneRangerMassachusetts
And setting bail so high that someone remains in jail for months, thereby losing their job, (possibly) career, and credit rating, is merely a coincidental by product.

See, the state doesn't *intend* it to be a punishment, just like Hillary never *intended* (cough, cough) to sell US classified information by putting it on an unsecured server.

38 posted on 08/20/2016 9:18:11 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Theoria
Well...heck!!

Where does that end???

The poor thug, the poor robber, the poor rapist, the poor murderer?

Slippery slope...and I don't expect our Judges in this country anymore to do the right thing.

Never in my lifetime....I just don't.

Next it will be the rich politician's...because there will be case law...that say's "Yeah we have to treat everyone equal"

No jail, not bail.

Hell....might as well be 15/16's of Congress...and the White House's rally cry............

39 posted on 08/20/2016 9:22:13 PM PDT by Osage Orange (You hurt my family...you better watch your six.)
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To: Popman

That’s what bond bailsman are for...

&&&&&&&&&&&&&&&&&&&&&&&&&&

Many states don’t have bail bondsmen.


40 posted on 08/20/2016 9:28:54 PM PDT by Graybeard58 (Bill and Hillary Clinton are the penicillin-resistant syphilis of our political system.)
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