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 ...
Since when can the justice dept decide what is constitutional, and what is not. I thought that was SCOTUS’ job.
Insanity
Don’t commit the crime! More lawlessness.
Well, they could leave their EBT cards and illegal weapons with the baillif.
Tell me this is SATIRE
Seems to me the courts set bail. Not the just us dept.
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.
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.
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.
BS
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.
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.
I can hardly wait until one of the `poor` bomb the white house, we`ll see who gets bail.
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.
So if a mass murderer is poor they should be ORed?
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.
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............
Thats what bond bailsman are for...
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Many states don’t have bail bondsmen.
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