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 ...
Actually, that was done in 2008.
So, put them in jail with no bail allowed.
A lot of interesting questions and observations there, PrairieLady2.
So, what is your solution? What alternative do you propose instead of bail?
Regards,
You nailed it!
This should get those ...(what were LBJs words?)...n-words back to voting for the RAT candidate again. Just in time. Hillary needs them to come back.
Bail money is returned when (if) you show up for trial.
Just remember that almost all judges, prosecutors and defense attorneys all belong to the same country club. They all scratch one another’s backs and could really care less about actual guilt or innocence. If no one broke any laws, they would all be out of a job. They must protect their phony baloney jobs. This country has one of the highest percentages of incarcerated citizens. Why is that? The answer is quite simple if you refer back to my first sentence.
Bail money is returned when (if) you show up for trial.
If you pay the full price of the cash bond. You the individual get nothing back if you use a bondsman.
NSS
Then judge, you cover the bail...or just leave the country, traitor.
That’s the problem isn’t it? In this day and age, a simple traffic violation can run into several hundred dollars. Many people struggling from paycheck to paycheck can not come up with the money to pay some of these fines(revenue enhancement). If not paid it goes into a warrant and if stopped again more fines and jail is imposed and if jailed the bond can run into thousands of dollars and of course if they couldn’t afford the original fine they damn sure can’t afford bond which means they stay in jail. This doesn’t cost the state any money because they receive federal funds for every day the guy is incarcerated. This is where municipalities and county jails actually make their money. The whole system stinks.
Some jurisdictions give you credit for time held e.g. $20/day towards your bail.
that boy in the White House has been there too long
Off with his head while America is still America
Every agency of government...
We did that in 1992, and again in 2008. And probably one more time in 2016. A significant portion of my countrymen have become stupid within my lifetime.
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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Yes but when you pay the 10% to the court, you get back whatever isn’t taken for court costs and fines. As I understand it, the bondsman keeps that 10% as his fee.
Walker was arrested on September 3, 2015 for the charge of ' Pedestrian Under the Influence.' (I have issues with that charge, but that is for another thread.) Because it was the Labor Day weekend, he would not be able to appear before a judge until September 9.
In that context, it's of 6 of one, 1/2 dozen of another. No cash bond system, Walker and every other person arrested for minor offenses would sit in jail until the next scheduled court date.
What is not mentioned in the NBC article is that Walker is schizophrenic (according to his attorney). If true:
Did he sober up after time had passed? Was he lucid? Was he able to answer questions appropriately? Did he exhibit behavior indicating he was able to care for himself? Would he go back to wandering the streets in the same state he was in at the time of his arrest? If he was released while exhibiting behavior consistent with schizophrenia and something happened, what then? A lawsuit against the city for negligence?
Did he have family willing to come to the jail and pay the bond? If he had family who refused to pay the bond was it because at least they knew where he was and that he was safe while he was in jail.
The questions are relevant because the courts are being used to throw the baby out with the bath water. Again. Destroy the system instead of fixing the problems.
It is not Constitutional then to hold anyone. Some people should not have to pay bail when others do not have to pay bail.
This Dept of Justice is a joke.
Really, I never knew that...
So there is no process in those states for someone with say a $5,000 bail to get a bond to be released until their trial?
I find that sort of amazing..
I am torn about this. What about a poor working person making minimum wage gets accused of a crime who can’t afford bail amount. Sits in jail, loses their job, then they find out via trial, person didn’t commit the crime.
If convicted of major crime like murder then no, there should be cash bond amount.
If minor crimes, I would be in favor of ankle tracking bracelets.
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