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Illinois supreme court halts the elimination of cash bail that was set to take effect January 1.
Hotair ^ | 01/02/2023 | Jazz Shaw

Posted on 01/02/2023 7:20:48 PM PST by SeekAndFind

On New Year’s Day, a dangerous but hilariously misnamed new law was set to take effect in Illinois. The “SAFE-T Act” was scheduled to alter the state’s handling of criminal prosecutions in ways that would make it much harder to prosecute and imprison criminals. One of the key facets of the bill would bring an end to cash bail in most cases, allowing even more suspects to be immediately put back out onto the streets after being detained. Prosecutors from across the state sued to prevent the rule from going into effect and last Wednesday a county judge found the law to be unconstitutional and barred it from taking effect in the counties where those prosecutors work. On Saturday, the state supreme court upheld that ruling and halted the law from taking effect across all of Illinois. An appeal will be filed in short order. (WGN TV)

The Illinois Supreme Court has halted the elimination of cash bail that was set to take effect January 1.

The high court says it ordered the stay to maintain consistent pretrial procedures throughout Illinois while the justices prepare to take up the matter.

The decision follows days of confusion after Kankakee County Judge Thomas Cunnington ruled cashless bail unconstitutional. Prosecutors in 64 Illinois counties sued to stop the no-cash bail policy under the landmark SAFE-T Act law.

Asking the courts to overturn a dangerous and stupid law is an uphill battle because dangerous and stupid laws are being passed all over the country every year. But the courts in Illinois have found a different approach that may be more effective. The county judge (with the potential concurrence of the state supreme court) declared the “bail reform” to be unconstitutional. The Illinois state constitution, as with most other states and the federal Constitution, mandates the separation of powers between the three branches of the government.

The investigation and prosecution of crimes are the responsibilities of the executive branch. The setting of bail and other conditions during a trial fall upon the judicial branch. So imposing limits on those pre-trial proceedings should fall outside the purview of the legislative branch. This is an argument that prosecutors in other states with disastrous “bail reform” laws (like New York) might want to look into.

Given the current conditions in Illinois, most notably in Chicago, it’s amazing that this law was even drafted, to say nothing of being passed and signed by the governor. Crime rates are up in nearly every category, with carjackings and other automotive thefts being particularly more frequent. But unless a victim is physically attacked during the robbery, no carjacker could be held on bail under this law. So the odds are that they would be grabbing their next car before the police could even finish their paperwork back at the station.

All of these laws seeking to mandate cashless bail are being promoted under the same demented premise. It’s claimed that they disproportionately impact communities of color. But the law is supposed to be colorblind, at least in theory. And if you habitually continue to break the law, you need to be put behind bars regardless of the melanin content of your skin cells.

It’s also equally obvious that there are plenty of criminals out there who pay attention to these types of changes in the law. Knowing that there will be few if any consequences for their actions, some people who might have feared committing crimes will likely decide to take the risk. When you throw open the doors to the candy store, a certain subset of people are going to start coming in.

It’s simply not possible that the liberals pushing for all of these laws didn’t realize this would happen. They can’t all be that stupid. So we’re left yet again to wonder if this isn’t being done deliberately. What sort of people would actively work to create a more chaotic and lawless society? The only answer that jumps to mind would be people who are actively working to see that society collapse.



TOPICS: Foreign Affairs; Front Page News; Government; News/Current Events; US: Illinois
KEYWORDS: anarchotyranny; cashbail; crime; dystopia; illinois; safetact; supremecourt
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1 posted on 01/02/2023 7:20:48 PM PST by SeekAndFind
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To: SeekAndFind

Finally judges with brains.


2 posted on 01/02/2023 7:30:20 PM PST by Greg123456
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To: SeekAndFind

As was said on another thread . . . the attorney general of Illinois will just stop charging criminals with crimes.


3 posted on 01/02/2023 7:37:43 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: Pilgrim's Progress

“the attorney general of Illinois will just stop charging criminals with crimes.”

States Attorneys do most of the charging here, not the AG.

L


4 posted on 01/02/2023 7:39:17 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: SeekAndFind

From the excerpt:
“...The Illinois state constitution,
as with most other states and the federal Constitution,
mandates the separation of powers
between the three branches of the government.
The investigation and prosecution of crimes
are the responsibilities of the executive branch.
The setting of bail and other conditions during a trial
fall upon the judicial branch.
So imposing limits on those pre-trial proceedings
should fall outside the purview of the legislative branch...”


5 posted on 01/02/2023 7:42:25 PM PST by Repeal The 17th (Get out of the matrix and get a real life.)
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To: Lurker

Thanks for the correction. :)


6 posted on 01/02/2023 7:44:57 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: SeekAndFind

The catch and release law. I guess the criminals are writing the laws now. Of course it’s the politicians writing the laws.


7 posted on 01/02/2023 7:45:19 PM PST by George J. Jetso
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To: Pilgrim's Progress

>>>the attorney general of Illinois will just stop charging criminals with crimes.

Probably not too far away from(soviet times) “ pretend to work - pretend to get paid


8 posted on 01/02/2023 8:00:47 PM PST by existentially_kuffer
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To: SeekAndFind

Its still a go in something like 30 counties.


9 posted on 01/02/2023 8:02:25 PM PST by roving ( Pronouns- libs/suk)
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To: Pilgrim's Progress

The Illinois AG has no say in what county states attorneys do regarding crimes that occur within county jurisdiction. Now Kwame will no doubt try to play some games, but the Illinois State Constitution really limits his options. I’m pretty sure state block grants would be the main weapon used to punish uncooperative counties and cities....especially monies tied to funding law enforcement operations..


10 posted on 01/02/2023 8:22:43 PM PST by GLH3IL (Romans 10:9)
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To: SeekAndFind

The supreme court in Illinois is political, and, of course, mostly if not entirely Dem. This was done with the approval of the ILL Dem party. Dems look like they were helping “the oppressed” until the evil court took it away. Well, it’s the thought that counts.


11 posted on 01/02/2023 8:24:26 PM PST by The Antiyuppie (When small men cast long shadows, then it is very late in the day.)
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To: Greg123456

Illinois judges with brains? I’m not so sure.

But, given what they’re seeing in places like NY and California, they’re giving Chicago and the surrounding areas a bit of a reprieve.

I think Chicago had over 750 murders this year.

There are 5 Democrat Judges on the state Supreme Court. They’ll get a phone call or a visit and that will be it. And Chicago becomes unlivable and the wealthy white liberals that helped bring this sh*t on, will pack up and move someplace south.


12 posted on 01/02/2023 8:28:47 PM PST by qaz123
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To: SeekAndFind

Many cops bust your ass because they know it will cost you lots of money, you don’t have and they know you won’t get convicted. Others they want off the streets because they know they are trash.
Cops need to be held accountable and criminals need a very quick trial. If a cop has enough evidence to think you committed a crime and he is accountable for that decision like the criminal will be, make sure it is fast, days not months. Both should be on trial.
a cop is depriving another human of Freedom. Better have a damn good reason, you’d back up in a court, because your freedom may be at risk also.
Get rid of all the “Karen” laws and concentrate on the important stuff.


13 posted on 01/02/2023 8:29:15 PM PST by rellic
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To: Greg123456

Put them on the endangered species list. This is the state in the insane Pritzkers, Lightfoot, Kims, Obama’s, etc., all enemies of society.


14 posted on 01/02/2023 11:01:47 PM PST by MadMax, the Grinning Reaper (Figures )
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To: SeekAndFind

By Jove, I think he’s got it!!!

(They DO know what they’re doing and WANT society to collapse.)


15 posted on 01/03/2023 2:23:24 AM PST by Vaden (Real conservatives will not allow our wagon to be hitched to fascist Russia)
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To: SeekAndFind
Michael Caine was in a great movie, a true story called "Zulu".

Illinois without cash bail would be "Zulu" in the flesh, without the 24th Regiment of Foot to protect you.


16 posted on 01/03/2023 2:30:01 AM PST by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: SeekAndFind
It’s simply not possible that the liberals pushing for all of these laws didn’t realize this would happen. They can’t all be that stupid. So we’re left yet again to wonder if this isn’t being done deliberately. What sort of people would actively work to create a more chaotic and lawless society? The only answer that jumps to mind would be people who are actively working to see that society collapse.

It's known as Deconstructing America with the Progressives (including many Progressive Democrats). The intent is to WEAKEN AMERICA SO OUR GOVERMENT CAN BE MADE SOCIALIST - COMMUNIST IF THEY CAN GET IT.

You don't think George Soros is putting out these Millions to put these DAs believing in things like Cashless Bail into power for no reason, do you?

17 posted on 01/03/2023 2:42:05 AM PST by CptnObvious
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To: Governor Dinwiddie
Beware: Obama DEI QRF is inbound to your gated neighborhood:


18 posted on 01/03/2023 5:30:58 AM PST by DCBryan1 (Delete FB, TWTR, GOOGL, AMZN, YHOO, Gmail/chrome. Use Gab, Brave + DDG, VPN, Freerepublic )
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To: Governor Dinwiddie
w/o 24th Regiment of Foot

Better brush up on your butt-stroke and bayonet skills:


19 posted on 01/03/2023 5:34:07 AM PST by DCBryan1 (Delete FB, TWTR, GOOGL, AMZN, YHOO, Gmail/chrome. Use Gab, Brave + DDG, VPN, Freerepublic )
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To: George J. Jetso

You seem to draw a distinction between criminals and politicians.

Obviously, you are not an American. Where you from?


20 posted on 01/03/2023 7:24:43 AM PST by bobbo666 (Baizuo)
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