Bail is unconstitutional

[CommuterBob]

http://www.nbcnews.com/news/us-news/justice-department-says-poor-can-t-be-held-when-they-n634676

Say what?

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.

Justice Department's civil rights lawyers said in their brief that courts must consider a person's indigence and look at other ways of guaranteeing an appearance in court.

"Fixed bail schedules that allow for the pretrial release of only those who can play, without accounting for the ability to pay," the government said, "unlawfully discriminate based on indigence."

A federal judge in January ruled in Walker's favor, ordering the city to let those arrested on misdemeanor offenses be released on their own recognizance and to make other changes in its post-arrest procedures.

 

[UCFRogerz]

 

[cnsaguy]

I feel bad for my future grandkids. This country will look like Escape from New York in 50 years.

 

[USFSucks]

#BanBail

 

[Bob the Citronaut]

Bail is RACIST!!!

Hey, I've got a crazy radical idea. Don't get arrested. Don't commit crimes. Absolute insanity, I know.

 

[USFSucks]

Bail is RACIST!!!

Hey, I've got a crazy radical idea. Don't get arrested. Don't commit crimes. Absolute insanity, I know.

#MakeCrimeIllegal

 

[HuffyCane]

Its funny how the DOJ says that state bail can't be high on misdemeanors, but they don't have the same policy for their cases.

On the other hand, it only deals with small idiotic property crimes as I understand it. Keeping a guy in jail for 80 days for drinking a beer in the park because he can't afford bail is stupid. What is even more stupid is tolerating judges who won't ROR on those crimes, because they get kickbacks or campaign donations from the bond companies and the Sheriff would complain since his funding is based on the number of jail beds filled.

 

[jetsaholic]

Thanks, Obama.

 

[USFSucks]

Thanks, Obama.

#BanObama

 

[CommuterBob]

Its funny how the DOJ says that state bail can't be high on misdemeanors, but they don't have the same policy for their cases.

On the other hand, it only deals with small idiotic property crimes as I understand it. Keeping a guy in jail for 80 days for drinking a beer in the park because he can't afford bail is stupid. What is even more stupid is tolerating judges who won't ROR on those crimes, because they get kickbacks or campaign donations from the bond companies and the Sheriff would complain since his funding is based on the number of jail beds filled.

Exactly. This brief comes shortly after the DOJ put out a statement basically ending the use of private prisons. I think the two are related.

 

[jetsaholic]

What I want to know is how this is going to affect us white people and whatnot.

 

[Bob the Citronaut]

What I want to know is how this is going to affect us white people and whatnot.

It just rips another pillar out of our white privilege palace.

 

[jetsaholic]

It just rips another pillar out of our white privilege palace.

#WhiteLivesMatter

 

[fabknight]

What I want to know is how this is going to affect us white people and whatnot.